Common use of Limitations of Requests and Elections Clause in Contracts

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. (a) Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Rate Advance Loan pursuant to Section 2.02 4.1 hereof, or a request for a continuation of a Eurodollar Rate Advance Loan as a Eurodollar Rate AdvanceLoan pursuant to Section 4.4 hereof, or a request for a conversion of a Prime Rate Advance Domestic Loan to a Eurodollar Rate Advance Loan pursuant to Section 2.134.4 hereof, (i) deposits in Dollars for periods comparable to the Eurodollar Interest Period elected by the Borrower are not available to any the Bank in the relevant London interbank or secondary 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 the Bank of making, funding making or maintaining the related Eurodollar Rate Advance Loan, or (iiiiv) 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 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 any the Bank (Ax) to make or fund the relevant Eurodollar Rate Loan or (By) to continue such Eurodollar Rate Advance Loan as a Eurodollar Rate Advance, Loan or (Cz) to convert an Advance a Loan to such a Eurodollar Rate AdvanceLoan, then the Borrower shall not be entitled, so long as such circumstances continue, to request or receive a Eurodollar Rate Advance Loan pursuant to Section 2.02 4.1 hereof or a continuation of or conversion to a Eurodollar Rate Advance such Loans pursuant to Section 2.134.4 hereof. In the event that such circumstances no longer exist, the Banks Bank shall again consider requests for Eurodollar Rate Advances Loans pursuant to Section 2.024.1 hereof, and requests for continuations of and conversions to Eurodollar Rate Advances such Loans pursuant to Section 2.134.4 hereof.

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 Borrowing (a) in the case of a any Eurodollar Rate Advance as a Eurodollar Rate AdvanceBorrowing, 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 Company are not available to any Bank the Lender in the relevant interbank or secondary market, or (iib) the Eurodollar Rate will not adequately and fairly reflect the cost to any Bank the Lender of making, funding or maintaining the related Eurodollar Rate Advance Loan, or (iiic) 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 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 any Bank the Lender (Ai) to make or fund the relevant Eurodollar Rate Loan Borrowings or (Bii) to continue maintain outstanding such Eurodollar Rate Advance as Borrowing, or (iii) to convert a Loan to a Eurodollar Rate Advance, or (C) to convert an Advance to such a Eurodollar Rate AdvanceLoan, then the Borrower Company shall not be entitled, so long as such circumstances continue, to request a Eurodollar Rate Advance to Section 2.02 Borrowing or a continuation of or conversion to a Eurodollar Rate Advance pursuant to Section 2.13Borrowing. In the event that such circumstances no longer exist, the Banks Lender shall again consider requests for Eurodollar Rate Advances pursuant to Section 2.02Borrowings, and requests for continuations of and conversions to Eurodollar Rate Advances pursuant to Section 2.13Borrowings.