Common use of Limitations of Requests and Elections Clause in Contracts

Limitations of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Rate Borrowing (a) in the case of any Eurodollar Rate Borrowing, deposits in Dollars for periods comparable to the Eurodollar Interest Period elected by the Company are not available to the Lender in the relevant interbank secondary market, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to the Lender 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 Lender 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 Lender (i) to make or fund Eurodollar Rate Borrowings or (ii) to maintain outstanding such Eurodollar Rate Borrowing, or (iii) to convert a Loan to a Eurodollar Rate Loan, then the Company shall not be entitled, so long as such circumstances continue, to request a Eurodollar Rate Borrowing or a continuation of or conversion to a Eurodollar Rate Borrowing. In the event that such circumstances no longer exist, the Lender shall again consider requests for Eurodollar Rate Borrowings, and requests for continuations of and conversions to Eurodollar Rate Borrowings.

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 Borrowing (a) in the case Advance pursuant to Section 2.02 or a request for a continuation of any a Eurodollar Rate BorrowingAdvance 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 Company Borrower are not available to the Lender any Bank in the relevant interbank or secondary market, or (bii) the Eurodollar Rate will not adequately and fairly reflect the cost to the Lender any Bank of making, funding or maintaining the related Eurodollar Rate Loan, Advance or (ciii) 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 Lender 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 the Lender any Bank (iA) to make or fund the relevant Eurodollar Rate Borrowings Loan or (iiB) to maintain outstanding continue such Eurodollar Rate BorrowingAdvance as a Eurodollar Rate Advance, or (iiiC) to convert a Loan an Advance to such a Eurodollar Rate LoanAdvance, then the Company Borrower shall not be entitled, so long as such circumstances continue, to request a Eurodollar Rate Borrowing Advance to Section 2.02 or a continuation of or conversion to a Eurodollar Rate BorrowingAdvance pursuant to Section 2.13. In the event that such circumstances no longer exist, the Lender Banks shall again consider requests for Eurodollar Rate BorrowingsAdvances pursuant to Section 2.02, and requests for continuations of and conversions to Eurodollar Rate BorrowingsAdvances pursuant to Section 2.13. (b) Not more than seven Eurodollar Rate Advances may be outstanding at any one time.

Limitations of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Rate Borrowing 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, (ai) in the case of any Eurodollar Rate Borrowing, deposits in Dollars for periods comparable to the Eurodollar Interest Period elected by the Company Borrower are not available to the Lender Bank in the relevant London interbank secondary market, or (bii) the Eurodollar Rate it is otherwise impossible for any reason to determine LIBOR, or (iii) LIBOR will not adequately and fairly reflect the cost to the Lender Bank of making, funding making or maintaining the related Eurodollar Rate Loan, or (civ) 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 Lender 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 Lender Bank (ix) to make or fund the relevant Eurodollar Rate Borrowings Loan or (iiy) to maintain outstanding continue such Loan as a Eurodollar Rate Borrowing, Loan or (iiiz) to convert a Loan to a Eurodollar Rate Loan, then the Company Borrower shall not be entitled, so long as such circumstances continue, to request or receive a Eurodollar Rate Borrowing Loan pursuant to Section 4.1 hereof or a continuation of or conversion to a Eurodollar Rate Borrowingsuch Loans pursuant to Section 4.4 hereof. In the event that such circumstances no longer exist, the Lender Bank shall again consider requests for Eurodollar Rate BorrowingsLoans pursuant to Section 4.1 hereof, and requests for continuations of and conversions to Eurodollar Rate Borrowingssuch Loans pursuant to Section 4.4 hereof.

Limitations of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Rate Borrowing, a request for a continuation of a Eurodollar Rate Borrowing as a Eurodollar Rate Borrowing or a request for a conversion of a Prime Rate Borrowing to a Eurodollar Rate Borrowing, (a) in the case of any Eurodollar Rate Borrowing, deposits in Dollars for periods comparable to the Eurodollar Interest Period elected by the Company are not available to the Lender any Bank in the relevant interbank secondary market, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to the Lender any 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 Lender 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 the Lender any Bank (i) to make or fund Eurodollar Rate Borrowings or (ii) to maintain outstanding such Eurodollar Rate Borrowing, or (iii) to convert a Loan to a Eurodollar Rate Loan, then the Company shall not be entitled, so long as such circumstances continue, to request a Eurodollar Rate Borrowing or a continuation of or conversion to a Eurodollar Rate Borrowing. In the event that such circumstances no longer exist, the Lender Bank shall again consider requests for Eurodollar Rate Borrowings, and requests for continuations of and conversions to Eurodollar Rate Borrowings.

Limitations of Requests and Elections. Notwithstanding any other provision of this Agreement Note to the contrary, if, upon receiving a request for a Eurodollar Rate Borrowing 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) in the case of any Eurodollar Rate Borrowing, deposits in Dollars dollars for periods comparable to the Eurodollar Interest Period elected by the Company Borrower are not available to the Lender Bank in the relevant interbank secondary market, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to the Lender 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 Lender 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 Lender Bank (i) to make or fund Eurodollar Rate Borrowings Loans or (ii) to maintain outstanding such Eurodollar Rate BorrowingLoan, or (iii) to convert a Loan to a Eurodollar Rate Loan, then the Company Borrower shall not be entitled, so long as such circumstances continue, to request a Eurodollar Rate Borrowing Loan or a continuation of or conversion to a Eurodollar Rate BorrowingLoan. In the event that such circumstances no longer exist, the Lender Bank shall again consider requests for Eurodollar Rate BorrowingsLoans, and requests for continuations of and conversions to Eurodollar Rate BorrowingsLoans. 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. Notwithstanding any other ------------------------------------- provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Rate Borrowing, a request for a continuation of a Eurodollar Rate Borrowing as a Eurodollar Rate Borrowing or a request for a conversion of a Prime Rate Borrowing to a Eurodollar Rate Borrowing, (a) in the case of any Eurodollar Rate Borrowing, deposits in Dollars for periods comparable to the Eurodollar Interest Period elected by the Company are not available to the Lender Bank in the relevant interbank secondary market, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to the Lender 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 Lender 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 Lender Bank (i) to make or fund Eurodollar Rate Borrowings or (ii) to maintain outstanding such Eurodollar Rate Borrowing, or (iii) to convert a Loan to a Eurodollar Rate Loan, then the Company shall not be entitled, so long as such circumstances continue, to request a Eurodollar Rate Borrowing or a continuation of or conversion to a Eurodollar Rate Borrowing. In the event that such circumstances no longer exist, the Lender Bank shall again consider requests for Eurodollar Rate Borrowings, and requests for continuations of and conversions to Eurodollar Rate Borrowings.

Limitations of Requests and Elections. Notwithstanding any other provision of this Agreement Note to the contrary, if, upon receiving a request for a Eurodollar Rate Borrowing 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) in the case of any Eurodollar Rate Borrowing, deposits in Dollars dollars for periods comparable to the Eurodollar Interest Period elected by the Company Borrower are not available to the Lender Bank in the relevant interbank secondary market, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to the Lender 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 Lender 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 Lender Bank (i) to make or fund Eurodollar Rate Borrowings Loans or (ii) to maintain outstanding such Eurodollar Rate BorrowingLoan, or (iii) to convert a Loan to a Eurodollar Rate Loan, then the Company Borrower shall not be entitled, so long as such circumstances continue, to request a Eurodollar Rate Borrowing Loan or a continuation of or conversion to a Eurodollar Rate BorrowingLoan. In the event that such circumstances no longer exist, the Lender Bank shall again consider requests for Eurodollar Rate BorrowingsLoans, and requests for continuations of and conversions to Eurodollar Rate BorrowingsLoans. Maximum Amount of Interest Rate Elections. Except for (a) Borrowings and conversions thereof which exhaust the entire remaining amount of the Corporate Acquisition Revolving 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.