Limitations of Requests and Elections. Notwithstanding any other provision of this Note to the contrary, if, upon receiving a request for a Eurodollar Rate Loan, a request for a continuation of a Eurodollar Rate Loan as a Eurodollar Rate Loan or a request for a conversion to a Eurodollar Rate Loan, (a) deposits in dollars for periods comparable to the Eurodollar Interest Period elected by the Borrower are not available to the Bank in the relevant interbank secondary market, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to the Bank of making, funding or maintaining the related Eurodollar Rate Loan, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by the Bank with any guideline, request or directive of such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for the Bank (i) to make or fund Eurodollar Rate Loans or (ii) to maintain outstanding such Eurodollar Rate Loan, or (iii) to convert a Loan to a Eurodollar Rate Loan, then the Borrower shall not be entitled, so long as such circumstances continue, to request a Eurodollar Rate Loan or a continuation of or conversion to a Eurodollar Rate Loan. In the event that such circumstances no longer exist, the Bank shall again consider requests for Eurodollar Rate Loans, and requests for continuations of and conversions to Eurodollar Rate Loans. Maximum Amount of Interest Rate Elections. Except for (a) Borrowings and conversions thereof which exhaust the entire remaining amount of the Working Capital Loan Commitment, and (b) payments required pursuant hereto, each Borrowing and each continuation or conversion thereof and each repayment thereof shall be in a minimum amount of Five Hundred Thousand Dollars ($500,000.00) and in integral multiples of One Hundred Thousand Dollars ($100,000.00). No more than three (3) Eurodollar Interest Periods shall be permitted to exist at any one time.
Limitations of Requests and Elections. (a) Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Rate Advance pursuant to Section 2.02 or a request for a continuation of a Eurodollar Rate Advance as a Eurodollar Rate Advance, or a request for a conversion of a Prime Rate Advance to a Eurodollar Rate Advance pursuant to Section 2.13, (i) deposits in Dollars for periods comparable to the Eurodollar Interest Period elected by the Borrower are not available to any Bank in the relevant interbank or secondary market, or (ii) will not adequately and fairly reflect the cost to any Bank of making, funding or maintaining the Eurodollar Rate Advance or (iii) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by any Bank with any guideline, request or directive of such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for any Bank (A) to make or fund the relevant Eurodollar Rate Loan or (B) to continue such Eurodollar Rate Advance as a Eurodollar Rate Advance, or (C) to convert an Advance to such a Eurodollar Rate Advance, then the Borrower shall not be entitled, so long as such circumstances continue, to request a Eurodollar Rate Advance to Section 2.02 or a continuation of or conversion to a Eurodollar Rate Advance pursuant to Section 2.13. In the event that such circumstances no longer exist, the Banks shall again consider requests for Eurodollar Rate Advances pursuant to Section 2.02, and requests for continuations of and conversions to Eurodollar Rate Advances pursuant to Section 2.13.
Limitations of Requests and Elections. In the event that on any date on which the Borrower requests an advance hereunder the Bank reasonably determines that by reason of (1) any change arising after the date of the Note affecting the interbank eurocurrency market or affecting the position of the Bank with respect to such market, adequate and fair means do not exist for ascertaining the applicable interest rates by reference to which the LIBO Rate then being determined is to be determined, (2) any change arising after the date of the Note in any applicable law or governmental rule, regulation or order (or any interpretation thereof, including the introduction of any new law or governmental rule, regulation or order), or (3) any other circumstance affecting the Bank or the interbank market (such as, but not limited to, official reserve requirements required by Regulation D of the Board of Governors of the Federal Reserve System), the LIBO Rate plus the applicable spread shall not represent the effective pricing to the Bank of making advances based upon such rate, then, and in any such event, the ability of the Borrower to request advances based upon the LIBO Rate shall be suspended until the Bank shall notify the Borrower that the circumstances causing such suspension no longer exist and interest shall accrue on the unpaid balance of the Principal Sum at a variable rate of interest per annum, which shall change in the manner set forth below, equal to 1.5 percentage points (which shall be 0.00 percentage points, unless completed) below the Prime Commercial Rate (as hereinafter defined). In the event that on any date the Bank shall have reasonably determined that the making or continuation of advances based upon the LIBO Rate has become unlawful by compliance by the Bank in good faith with any law, governmental rule, regulation or order, then, and in any such event, the Bank shall promptly give notice thereof to the Borrower. In such case, the ability of the Borrower to request an advance hereunder based upon the LIBO Rate shall be terminated and thereafter interest shall accrue on the unpaid balance of the Principal Sum at a variable rate of interest per annum, which shall change in the manner set forth below, equal to 1.5 percentage points (which shall be 0.00 percentage points, unless completed) below the Prime Commercial Rate.
Limitations of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Loan pursuant to Section 4.1 hereof, or a request for a continuation of a Eurodollar Loan as a Eurodollar Loan pursuant to Section 4.4 hereof, or conversion of a Domestic Loan to a Eurodollar Loan pursuant to Section 4.4 hereof, (i) deposits in Dollars for periods comparable to the Interest Period elected by the Borrower are not available to any Bank in the London interbank market, or (ii) it is otherwise impossible for any reason to determine LIBOR, or (iii) LIBOR will not adequately and fairly reflect the cost to any Bank of making or maintaining the related Eurodollar Loan, or (iv) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by any Bank with any request or directive of such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for any Bank (x) to make the relevant Eurodollar Loan or (y) to continue such Loan as a Eurodollar Loan or (z) to convert a Loan to a Eurodollar Loan, then the Borrower shall not be entitled, so long as such circumstances continue, to request or receive a Eurodollar Loan pursuant to Section 4.1 hereof or a continuation of or conversion to such Loans pursuant to Section 4.4 hereof from such Bank. In the event that such circumstances no longer exist, such Bank shall again
