Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan: (a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or (b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 23 contracts
Samples: Annual Report, Credit Agreement (Covenant Transport Inc), Credit Agreement (Covenant Transport Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower Borrowers prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, Type or to Convert Loans of any other Type into Loans of such Type Type, and the Borrower Borrowers shall, jointly and severally, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
Appears in 7 contracts
Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Eurodollar Loans, extend Eurodollar Loans of such Type, Continue Loans of such Type, or to Convert 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 Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Kendle International Inc), Credit Agreement (Kendle International Inc), Credit Agreement (Kendle International Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent Lender determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine Lender determines (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Lender of funding Eurodollar Rate Loans for such Interest Period; then the Agent Lender shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lender shall be under no obligation to make additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Crown Crafts Inc), Short Term Credit Agreement (Hughes Supply Inc), Revolving Credit Agreement (Crown Crafts Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Administrative Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Rexall Sundown Inc), Credit Agreement (Ameristeel Corp), Credit Agreement (Ameristeel Finance Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders Banks determine (which determination shall be conclusive) and notify the Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Banks of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such TypeEurodollar Loans, Continue Loans of such TypeEurodollar Loans, or to Convert all or any part of the Base Rate Loan into Eurodollar Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected TypeEurodollar Loans, either prepay such Eurodollar Loans or Convert such Eurodollar Loans into another Type of the Base Rate Loan in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Exco Resources Inc), Credit Agreement (Exco Resources Inc), Credit Agreement (Venus Exploration Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Requisite Lenders determine (which determination shall be conclusive) and notify the Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Revolving 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 additional Loans of such TypeEurodollar Loans, Continue Loans of such TypeEurodollar Loans, or to Convert Base Rate Loans of any other Type into Loans of such Type Eurodollar Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:;
(a) the Agent determines (which determination shall be conclusiveconclusive absent manifest error) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: 364 Day Credit Agreement (Modis Professional Services Inc), Revolving Credit Agreement (Acsys Inc), Revolving Credit and Reimbursement Agreement (Modis Professional Services Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, Type or to Convert Loans of any other Type into Loans of such Type Type, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent Lender reasonably determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine Lender reasonably determines (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Lender of funding Eurodollar Rate Loans for such Interest Period; then the Agent Lender shall give the Borrower Borrowers prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lender shall be under no obligation to make additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Revolving Credit and Reimbursement Agreement (World Fuel Services Corp), Revolving Credit and Reimbursement Agreement (World Fuel Services Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Libor Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Libor Rate for such Interest Period; or
(b) the Required Lenders Banks determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Adjusted Libor Rate will not adequately and fairly reflect the cost to the Lenders Banks of funding Eurodollar Rate Libor Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such TypeLibor Loans, Continue Loans of such TypeLibor Loans, or to Convert Loans of any other Type into Libor Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected TypeLibor Loans, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Uici), Loan Agreement (Uici)
Limitation on Types of Loans. If on or prior to the first day of any ---------------------------- Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Cone Mills Corp), Credit Agreement (Roper Industries Inc /De/)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Eurocurrency Rate Loan:
(ai) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Eurocurrency Rate for such Interest Period; or
(bii) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Eurocurrency Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Eurocurrency Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant currencies, amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurocurrency Rate Loans of in such Typecurrencies, Continue Eurocurrency Rate Loans of in such Typecurrencies, or to Convert Base Rate Loans of any other Type into Eurocurrency Rate Loans of in such Type currencies and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurocurrency Rate Loans of the affected Typein such currencies, either prepay such Loans or Convert such Loans into another Type of Loan or Loan in another currency in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (V F Corp), Credit Agreement (V F Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
: (a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
or (b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Headway Corporate Resources Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent reasonably determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders reasonably determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Short Term Credit Agreement (Healthsouth Corp), Short Term Credit Agreement (Healthsouth Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Offshore Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Offshore Rate for such Interest Period; or
(b) the Required Lenders Banks determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Offshore Rate will not adequately and fairly reflect the cost to the Lenders Banks of funding Eurodollar Offshore Rate Loans for such Interest Period; then the Agent shall give the Borrower Companies prompt notice thereof specifying 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 additional Loans of such Type, Continue continue Loans of such Type, or to Convert convert Loans of any other Type into Loans of such Type and the Borrower Companies shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Spherion Corp), Credit Agreement (Interim Services Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Administrative Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower Borrowers prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Sensormatic Electronics Corp), Credit Agreement (Pepsiamericas Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Determining Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans them or Convert such Loans them into another Type of Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent reasonably determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such TypeEurodollar Rate Loans, Continue Loans of such TypeEurodollar Rate Loans, or to Convert Loans of any other Type into Eurodollar Rate Loans of using such Type Interest Period and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected TypeEurodollar Rate Loans, either prepay such Eurodollar Rate Loans or Convert such Eurodollar Rate Loans into another Type of Loan or select an alternate Interest Period available for such Eurodollar Rate Loans all in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (P F Changs China Bistro Inc), Credit Agreement (P F Changs China Bistro Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant London interbank Eurodollar market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Compusa Inc), Loan and Security Agreement (Gni Group Inc /De/)
Limitation on Types of Loans. If on or prior to the first ---------------------------- day of any Interest Period for any Committed Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Majority Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Fixed Rate will not adequately and fairly reflect the cost to the Lenders of funding Committed Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; , then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such TypeEurodollar Loans, Continue Loans of such TypeEurodollar Loans, or to Convert Base Rate Loans of any other Type into Loans of such Type Eurodollar Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Fixed Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate or CD Rate, as the case may be, for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate or the CD Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans or CD Loans, as the case may be, for such Interest Period; then the Agent shall give the Borrower Borrowers prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the applicable Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit and Reimbursement Agreement (Tech Data Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusiveconclusive absent manifest error) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Administrative Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower Borrowers prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, Type or to Convert Loans of any other Type into Loans of such Type Type, and the each Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: 364 Day Senior Secured Credit Agreement (Aircastle LTD)
Limitation on Types of Loans. If on or prior to the first day of any ---------------------------- Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower Borrowers prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the applicable Borrower or Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower Borrowers prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders Banks determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate plus the Applicable Margin will not adequately and fairly reflect the cost to the Lenders Banks of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue continue Loans of such Type, or to Convert convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.Borrower
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Fixed Rate Loan:
(a) the Agent reasonably determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Fixed Rate for such Interest Period; or
(b) the Required Lenders reasonably determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Fixed Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Fixed Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Healthsouth Corp)
Limitation on Types of Loans. If on or prior to the first day of ---------------------------- any Interest Period for any Eurodollar Rate Loan:;
(a) the Agent determines (which determination shall be conclusiveconclusive absent manifest error) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit and Reimbursement Agreement (Accustaff Inc)
Limitation on Types of Loans. If on or prior ---------------------------- to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders Banks determine (which determination shall be conclusive) and notify the Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Banks of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any ---------------------------- Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Eurodollar Loans, Extend Eurodollar 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 Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Eurodollar Loans, extend Eurodollar Loans of such Type, Continue Loans of such Type, or to Convert 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 Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Amended Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders Banks determine in good faith (which determination shall be conclusive) and notify the Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Banks of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periodsthereof, and so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans of for such TypeInterest Period, Continue Eurodollar Loans of for such TypeInterest Period, or to Convert Loans of any other Type into Eurodollar Loans of for such Type Interest Period, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans of the affected Typefor such Interest Period, either prepay such Eurodollar Loans or Convert such Eurodollar Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Majority Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Lender Parties of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lender Parties shall be under no obligation to make additional Loans of such Type, Continue continue Loans of such Type, or to Convert convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(ai) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(bii) the Required Majority Lenders determine (which determination shall be conclusive) and notify the Administrative Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue continue Loans of such Type, or to Convert convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans Loans, or Convert convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Aviation Sales Co)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusiveconclusive absent manifest error) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Fixed Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Fixed Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Fixed Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Fixed Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Kellwood Co)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower Borrowers prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower Borrowers shall, jointly and severally, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Unicapital Corp)
Limitation on Types of Loans. If on or prior to the first ---------------------------- day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders Banks determine (which determination shall be conclusive) and notify the Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Banks of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Fixed Rate Revolving Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate or CD Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Fixed Rate will not adequately and fairly reflect the 54 cost to the Lenders of funding Eurodollar Fixed Rate Revolving Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (V F Corp /Pa/)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lenders, shall be under no obligation to make additional Loans of 59 66 such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Uti Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar LIBOR Rate for such Interest Period; or
(b) the Required Lenders Banks determine in good faith (which determination shall be conclusive) and notify the Administrative Agent that the Eurodollar Adjusted LIBOR Rate will not adequately and fairly reflect the cost to the Lenders Banks of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periodsthereof, and so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans of for such TypeInterest Period, Continue Eurodollar Loans of for such TypeInterest Period, or to Convert Loans of any other Type into Eurodollar Loans of for such Type Interest Period, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans of the affected Typefor such Interest Period, either prepay such Eurodollar Loans or Convert such Eurodollar Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) Loan or any Bankers' Acceptance Segment the Relevant Agent determines (which determination shall be conclusive) that that:
(a) by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; or
(c) no market exists for Bankers' Acceptances; then the Relevant Agent shall give the Borrower other Agent and the Borrowers prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower applicable Facility Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Consoltex Usa Inc)
Limitation on Types of Loans. If Anything herein to the contrary notwithstanding, if, on or prior to the first day determination of any Interest Period LIBOR Base Rate for any Eurodollar Rate LoanInterest Period:
(a) the Agent reasonably determines (which determination shall be conclusive) that by reason quotations of circumstances affecting interest rates for the relevant market, adequate and reasonable means do deposits referred to in the definition of "LIBOR Base Rate" are not exist being provided in the relevant amounts or for ascertaining the relevant maturities for purposes of determining rates of interest for Eurodollar Rate for such Interest PeriodLoans as provided herein; or
(b) the Required Lenders Majority Banks reasonably determine (which determination shall be conclusive) and notify the Agent that the relevant rates of interest referred to in the definition of "LIBOR Base Rate" upon the basis of which the rate of interest for Eurodollar Rate will Loans for such Interest Period is to be determined are not likely adequately and fairly reflect to cover the cost to the Lenders such Banks of funding Eurodollar Rate making or maintaining such type of Loans for such Interest Period; then the Agent shall give the Borrower Company and each Bank prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periodsand, and so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional or Continue Eurodollar Loans of such Type, Continue Loans of such Type, or to Convert Alternate Base Rate Loans of any other Type into Eurodollar Loans of such Type and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert such Loans into another Type of Loan Alternate Base Rate Loans in accordance with the terms of this AgreementSection 2.9 hereof.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Ace Hardware Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate LoanLoan :
(a) the Agent Bank determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate , as the case may be, for such Interest Period; or
(b) the Required Lenders determine Bank determines (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Bank of funding Eurodollar Rate Loans or, as the case may be, for such Interest Period; then the Agent Bank shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Bank shall be under no obligation to make additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lenders, shall be under no obligation to make additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Uti Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent reasonably determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Interbank Offered Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding such Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt written notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) day of the then current Interest Period(s) Period for the each outstanding Loans Loan of the affected Type, either prepay such Loans Loan or Convert such Loans Loan into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Bec Group Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent reasonably determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Eurodollar 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 additional Loans of such TypeEurodollar Loans, Continue Eurodollar 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 Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Medcath Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent Lender reasonably determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine Lender reasonably determines (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Lender of funding Eurodollar Rate Loans for such Interest Period; then the Agent Lender shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lender shall be under no obligation to make additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit and Reimbursement Agreement (World Fuel Services Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent reasonably determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders reasonably determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.. In the event the
Appears in 1 contract
Samples: Credit Agreement (Wackenhut Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent reasonably determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders reasonably determine (which determination shall be conclusive) and notify the Administrative Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Healthsouth Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Majority Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. If on or prior to the ---------------------------- first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; , then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such TypeEurodollar Loans, Continue Loans of such TypeEurodollar Loans, or to Convert Base Rate Loans of any other Type into Loans of such Type Eurodollar Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
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Limitation on Types of Loans. If on or prior to the first day of ---------------------------- any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Administrative Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
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Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower Borrowers prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the applicable Borrower or Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
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Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such TypeEurodollar Rate Loans, Continue Loans of such TypeEurodollar Rate Loans, or to Convert Base Rate Loans of any other Type into Eurodollar Rate Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected and outstanding Loans of the affected TypeEurodollar Rate Loans, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
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Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate Rate, as the case may be, for such Interest Period; or
(b) the Required Majority Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lender Parties shall be under no obligation to make additional Loans, continue Eurodollar Loans of such Typeor convert Base Rate Loans into Eurodollar Loans, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
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Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, Type or to Convert Loans of any other Type into Loans of such Type Type, and the Borrower shall, jointly and severally, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
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Samples: Credit Agreement (Seacastle Inc.)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Majority Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Pentacon Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
: (a) ai the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
or (b) bi the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Lender of funding Eurodollar Rate Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periodsthereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Loans of such TypeEurodollar Loans, Continue Loans of such TypeEurodollar Loans, 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 Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
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Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Eurodollar Loans, Extend Eurodollar 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 Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Flo Fill Co Inc)
Limitation on Types of Loans. If on or prior to the first ---------------------------- day of any Interest Period for any Eurodollar Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate Rate, as the case may be, for such Interest Period; or
(b) the Required Majority Lenders determine (which determination shall be conclusive) and notify the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans or for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lender Parties shall be under no obligation to make additional Loans, continue Eurodollar Loans of such Typeor convert Base Rate Loans into Eurodollar Loans, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected TypeEurodollar Loans, either prepay such Loans or Convert convert such Loans into another Type of Loan Base Rate Loans in accordance with the terms of this Agreement.
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Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Fixed Rate Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate or CD Rate, as the case may be, for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Rate or the CD Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans or CD Rate Loans, as the case may be, for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit and Reimbursement Agreement (Wackenhut Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Loan:
(a) the Administrative Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Majority Lenders determine (which determination shall be conclusive) and notify the Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Pentacon Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Fixed Rate Revolving Loan:
(a) the Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) the Required Lenders determine (which determination shall be conclusive) and notify the Agent that the Eurodollar Fixed Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Fixed Rate Revolving Loans for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying 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 additional Loans of such Type, Continue Loans of such Type, or to Convert Loans of any other Type into Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Loans of the affected Type, either prepay such Loans or Convert such Loans into another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (V F Corp)
