Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Borrowing: (a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENT (b) Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Dobson Communications Corp), Credit Agreement (Dobson Sygnet Communications Co)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate BorrowingLoan:
(a) Administrative 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) the Required Lenders determine (which determination shall be conclusive) and notify Administrative the Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings Loans for such Interest Period; then Administrative the Agent shall give the Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund make additional Eurodollar Rate BorrowingsLoans, continue Continue Eurodollar Rate BorrowingsLoans, or to convert Base Rate Borrowings Convert Loans of any other Type into Eurodollar Rate Borrowings, Loans using such Interest Period and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate BorrowingsLoans, either prepay such Borrowings Eurodollar Rate Loans or convert Convert such Borrowings Eurodollar Rate Loans into Base another Type of Loan or select an alternate Interest Period available for such Eurodollar Rate Borrowings 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 Borrowing:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: 364 Day Revolving Credit and Term Loan Agreement (Dobson Communications Corp), Revolving Credit Agreement (Dobson Communications Corp)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Borrowing:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Determining Lenders determine (which determination shall be conclusiveconclusive absent manifest error) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Facility A Lenders of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Facility A Lenders shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings in accordance with the terms of this Facility A Agreement.
Appears in 1 contract
Samples: Facility a Revolving Credit Agreement (Worldcom Inc /Ga/)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Borrowing:
(a) 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 Base LIBOR Rate for such Interest Period; or 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Lenders Majority Banks determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Base LIBOR Rate will not adequately and fairly reflect the cost to the Lenders Banks of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Banks shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings 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 BorrowingLoan:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) the Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings Loans for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant 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 fund make additional Eurodollar Rate BorrowingsLoans, continue Continue Eurodollar Rate Borrowings, Loans or to convert Convert Base Rate Borrowings Loans into Eurodollar Rate Borrowings, Loans and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, Loans either prepay such Borrowings Loans or convert Convert such Borrowings Loans into Base Rate Borrowings Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Medcath Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Eurodollar Rate Borrowing:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Determining Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower the Company prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower the Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings 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 BorrowingLoan:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENT
(b) Required the Requisite Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings Loans for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant 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 fund make additional Eurodollar Rate BorrowingsLoans, continue Continue Eurodollar Rate BorrowingsLoans, or to convert Convert Base Rate Borrowings Loans into Eurodollar Rate BorrowingsLoans, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate BorrowingsLoans, either prepay such Borrowings Loans or convert Convert such Borrowings Loans into Base Rate Borrowings 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 Eurodollar Interest Period for any US Dollar Eurodollar Rate BorrowingLoan:
(a) 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 US Dollar Eurodollar Rate for such Eurodollar Interest Period; or 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) the Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted US Dollar Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding US Dollar Eurodollar Rate Borrowings Loans or for such Eurodollar Interest Period; then Administrative Agent shall give Borrower Borrowers prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund make additional US Dollar Eurodollar Rate BorrowingsLoans, continue US Dollar Eurodollar Rate Borrowings, Loans or to convert US Base Rate Borrowings Loans into US Dollar Eurodollar Rate BorrowingsLoans, and the applicable Borrower shall, on the last day(s) of the then current Eurodollar Interest Period(s) for the outstanding US Dollar Eurodollar Rate BorrowingsLoans, either prepay such Borrowings Loans or convert such Borrowings Loans into US Base Rate Borrowings Loans, Prime Rate Loans or Bankers' Acceptances 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 BorrowingPortion:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings Portions for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant Eurodollar Portions and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund additional Eurodollar Rate BorrowingsPortions, continue Eurodollar Rate BorrowingsPortions, or to convert any Base Rate Borrowings Portions into Eurodollar Rate BorrowingsPortions, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the THIRD AMENDED AND 37 RESTATED CREDIT AGREEMENT outstanding Eurodollar Rate BorrowingsPortions, either prepay such Borrowings Eurodollar Portions or convert such Borrowings Eurodollar Portions into Base Rate Borrowings Portions 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 BorrowingLoan:
(a) the Administrative Agent determines in good faith (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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) the Required Lenders 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 of funding Eurodollar Rate Borrowings Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund make additional Eurodollar Rate BorrowingsLoans, continue Extend Eurodollar Rate Borrowings, Loans or to convert Convert Base Rate Borrowings Loans into Eurodollar Rate Borrowings, Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate BorrowingsLoans, either prepay such Borrowings Loans or convert Convert such Borrowings Loans into Base Rate Borrowings 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 Borrowing:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Determining Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower the Company prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower the Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate TERM LOAN AGREEMENT 21 26 Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings 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 Borrowing:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as SO LONG AS such condition remains in effect, the Lenders shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Logix Communications Enterprises Inc)
Limitation on Types of Loans. If on or prior to the first day of any Interest Period for any Fixed Eurodollar Rate BorrowingLoan:
(a) Administrative 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 Fixed Eurodollar Rate Rate, as the case may be, for such Interest Period; or 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Lenders determine Lender determines (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Fixed Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders Lender of funding Fixed Eurodollar Rate Borrowings Loans for such Interest Period; then Administrative Agent Lender shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lender shall be under no obligation to fund make additional Eurodollar Rate BorrowingsLoans, continue Fixed Eurodollar Rate Borrowings, Loans or to convert Base Rate Borrowings Floating Eurodollar Loans into Fixed Eurodollar Rate BorrowingsLoans, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Fixed Eurodollar Rate BorrowingsLoans, either prepay such Borrowings Loans or convert such Borrowings Loans into Base Rate Borrowings Floating Eurodollar 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 Eurodollar Interest Period for any Eurodollar Rate BorrowingLoan:
(a) 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 Eurodollar Interest Period; or 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) the Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings Loans or for such Eurodollar Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Lender Parties shall be under no obligation to fund make additional Eurodollar Rate BorrowingsLoans, continue Eurodollar Rate Borrowings, Loans or to convert Base Rate Borrowings Loans into Eurodollar Rate BorrowingsLoans, and Borrower shall, on the last day(s) of the then current Eurodollar Interest Period(s) for the outstanding Eurodollar Rate BorrowingsLoans, either prepay such Borrowings Loans or convert such Borrowings Loans into Base Rate Borrowings 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 Borrowing:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Determining Lenders determine (which determination shall be conclusiveconclusive absent manifest error) and notify Administrative Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to the Facility B Lenders of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Facility B Lenders shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings in accordance with the terms of this Facility B 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 Borrowing:
(a) 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 40 XXXXXX/SYGNET OPERATING CREDIT AGREEMENTor
(b) Required Lenders determine (which determination shall be conclusive) and notify Administrative Agent that the Adjusted Eurodollar Rate EURODOLLAR RATE will not adequately and fairly reflect the cost to the Lenders of funding Eurodollar Rate Borrowings for such Interest Period; then Administrative Agent shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to fund additional Eurodollar Rate Borrowings, continue Eurodollar Rate Borrowings, or to convert Base Rate Borrowings into Eurodollar Rate Borrowings, and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Rate Borrowings, either prepay such Borrowings or convert such Borrowings into Base Rate Borrowings in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Integrated Orthopedics Inc)