Mandatory Suspension and Conversion of LIBOR Loans. A Bank’s obligations to make, continue or convert into LIBOR Loans of any Type shall be suspended, all such Bank’s outstanding Loans of that Type (except in the case of Loans denominated in any Alternative Currency, which shall as a result of the events described in clauses (a), (b), (c) or (d) below cease to be LIBOR Loans of that Type and shall bear interest at such Bank’s Cost of Funds plus the Applicable LIBOR Margin) shall be converted on the last day of their applicable Interest Periods (or, if earlier, in the case of clause (c) below, on the last day such Bank may lawfully continue to maintain Loans of that Type or, in the case of clause (d) below, on the day determined by such Bank to be the last Business Day before the effective date of the applicable restriction) into, and all pending requests for the making or continuation of or conversion into Loans of such Type by such Bank shall be deemed requests for, Base Rate Loans, if: (a) on or prior to the determination of an interest rate for a LIBOR Loan of that Type for any Interest Period, the Administrative Agent determines that for any reason appropriate information is not available to it for purposes of determining the Adjusted LIBOR or LIBOR, as applicable, for such Interest Period; (b) on or prior to the first day of any Interest Period for a LIBOR Loan of that Type, such Bank determines that LIBOR as determined by the Administrative Agent for such Interest Period would not accurately reflect the cost to such Bank of making, continuing or converting into a LIBOR Loan of such Type for such Interest Period; (c) at any time such Bank determines that any Regulatory Change Enacted after the Agreement Date makes it unlawful or impracticable for such Bank or its Lending Office to make, continue or convert into any LIBOR Loan of that Type, or to comply with its obligations hereunder in respect thereof; or (d) such Bank determines that, by reason of any Regulatory Change Enacted after the Agreement Date, such Bank or its Lending Office is restricted, directly or indirectly, in the amount that it may hold of (i) a category of liabilities that includes deposits by reference to which, or on the basis of which, the interest rate applicable to LIBOR Loans of that Type is directly or indirectly determined or (ii) the category of assets that includes LIBOR Loans of that Type. If, as a result of this Section 8.01, any Loan of any Bank that would otherwise be made or maintained as or converted into a LIBOR Loan of any Type for any Interest Period is instead made or maintained as or converted into Base Rate Loans, then, unless the corresponding Loan of each of the other Banks is also to be made or maintained as or converted into a Base Rate Loan, such Loan shall be treated as being a LIBOR Loan of such Type for such Interest Period for all purposes of this Agreement (including the timing, application and proration among the Banks of interest payments, conversions and prepayments) except for the calculation of the interest rate borne by such Loan. The Administrative Agent shall promptly notify RGA and each Bank of the existence or occurrence of any condition or circumstance specified in clause (a) above, and each Bank shall promptly notify RGA and the Administrative Agent of the existence or occurrence of any condition or circumstance specified in clause (b), (c) or (d) above applicable to such Bank’s Loans but the failure by the Administrative Agent or such Bank to give any such notice shall not affect such Bank’s rights hereunder.
Appears in 1 contract
Samples: Credit Agreement (Reinsurance Group of America Inc)
Mandatory Suspension and Conversion of LIBOR Loans. A BankThe Lender’s obligations obligation to make, continue or convert into LIBOR Loans of any Type shall be suspended, all such BankLender’s outstanding Loans of that such Type (except in the case of Loans denominated in any Alternative Currency, which shall as a result of the events described in clauses (a), (b), (c) or (d) below cease to be LIBOR Loans of that Type and shall bear interest at such Bank’s Cost of Funds plus the Applicable LIBOR Margin) shall be converted into Base Rate Loans on the last day of their applicable Interest Periods (or, if earlier, in the case of clause (ciii) below, on the last day such Bank Lender may lawfully continue to maintain Loans of that such Type or, in the case of clause (div) below, on the day determined by such Bank the Lender to be the last Business Day before the effective date of the applicable restriction) into, and all pending requests for the making or continuation of or conversion into Loans of such Type by such Bank the Lender shall be deemed requests for, for Base Rate Loans, if:
(ai) on or prior to the determination of an interest rate for a LIBOR Loan of that Type for any Interest Period, the Administrative Agent Lender reasonably determines that for any reason appropriate information is not available to it for purposes of determining the Adjusted LIBOR or LIBOR, as applicable, Rate for such Interest Period;
(bii) on or prior to the first day of any Interest Period for a LIBOR Loan of that such Type, such Bank the Lender reasonably determines that the LIBOR Rate as determined by the Administrative Agent Lender for such Interest Period would not accurately reflect the cost to such Bank the Lender of making, continuing or converting into a LIBOR Loan of such Type for such Interest Period;
(ciii) at any time such Bank the Lender determines that any Regulatory Change Enacted after the Agreement Date makes it unlawful or impracticable for such Bank the Lender or its Lending Office applicable lending office to make, continue or convert into any a LIBOR Loan of that such Type, or to comply with its obligations hereunder in respect thereof; or
(div) such Bank the Lender determines that, by reason of any Regulatory Change Enacted after Change, the Agreement Date, such Bank Lender or its Lending Office applicable lending office is restricted, directly or indirectly, in the amount that it may hold of (iA) a category of liabilities that includes deposits by reference to which, or on the basis of which, the interest rate applicable to LIBOR Loans of that such Type is directly or indirectly determined or (iiB) the category of assets that includes LIBOR Loans of that such Type. If, as a result of this Section 8.01, any Loan of any Bank that would otherwise be made or maintained as or converted into a LIBOR Loan of any Type for any Interest Period is instead made or maintained as or converted into Base Rate Loans, then, unless the corresponding Loan of each of the other Banks is also to be made or maintained as or converted into a Base Rate Loan, such Loan shall be treated as being a LIBOR Loan of such Type for such Interest Period for all purposes of this Agreement (including the timing, application and proration among the Banks of interest payments, conversions and prepayments) except for the calculation of the interest rate borne by such Loan. The Administrative Agent shall promptly notify RGA and each Bank of the existence or occurrence of any condition or circumstance specified in clause (a) above, and each Bank shall promptly notify RGA and the Administrative Agent of the existence or occurrence of any condition or circumstance specified in clause (b), (c) or (d) above applicable to such Bank’s Loans but the failure by the Administrative Agent or such Bank to give any such notice shall not affect such Bank’s rights hereunder.
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Mandatory Suspension and Conversion of LIBOR Loans. A Bank’s obligations The Lenders’ obligation to make, continue or convert into LIBOR Loans of any Type shall be suspended, all such Bank’s Lenders’ outstanding Loans of that such Type (except in the case of Loans denominated in any Alternative Currency, which shall as a result of the events described in clauses (a), (b), (c) or (d) below cease to be LIBOR Loans of that Type and shall bear interest at such Bank’s Cost of Funds plus the Applicable LIBOR Margin) shall be converted into Base Rate Loans on the last day of their applicable Interest Periods (or, if earlier, in the case of clause (ciii) below, on the last day such Bank the Lenders may lawfully continue to maintain Loans of that such Type or, in the case of clause (div) below, on the day determined by such Bank the Agent to be the last Business Day before the effective date of the applicable restriction) into, and all pending requests for the making or continuation of or conversion into Loans of such Type by such Bank the Agent shall be deemed requests for, for Base Rate Loans, if:
(ai) on or prior to the determination of an interest rate for a LIBOR Loan of that Type for any Interest Period, the Administrative Agent reasonably determines that for any reason appropriate information is not available to it for purposes of determining the Adjusted LIBOR or LIBOR, as applicable, Rate for such Interest Period;
(bii) on or prior to the first day of any Interest Period for a LIBOR Loan of that such Type, such Bank any of the Lenders reasonably determines that the LIBOR Rate as determined by the Administrative Agent such Lender for such Interest Period would not accurately reflect the cost to such Bank Lender of making, continuing or converting into a LIBOR Loan of such Type for such Interest Period;
(ciii) at any time such Bank any of the Lenders determines that any Regulatory Change Enacted after the Agreement Date makes it unlawful or impracticable for such Bank Lender or its Lending Office applicable lending office to make, continue or convert into any a LIBOR Loan of that such Type, or to comply with its obligations hereunder in respect thereof; or
(div) such Bank any of the Lenders determines that, by reason of any Regulatory Change Enacted after the Agreement DateChange, such Bank Lender or its Lending Office applicable lending office is restricted, directly or indirectly, in the amount that it may hold of (iA) a category of liabilities that includes deposits by reference to which, or on the basis of which, the interest rate applicable to LIBOR Loans of that such Type is directly or indirectly determined or (iiB) the category of assets that includes LIBOR Loans of that such Type. If, as a result of this Section 8.01, any Loan of any Bank that would otherwise be made or maintained as or converted into a LIBOR Loan of any Type for any Interest Period is instead made or maintained as or converted into Base Rate Loans, then, unless the corresponding Loan of each of the other Banks is also to be made or maintained as or converted into a Base Rate Loan, such Loan shall be treated as being a LIBOR Loan of such Type for such Interest Period for all purposes of this Agreement (including the timing, application and proration among the Banks of interest payments, conversions and prepayments) except for the calculation of the interest rate borne by such Loan. The Administrative Agent shall promptly notify RGA and each Bank of the existence or occurrence of any condition or circumstance specified in clause (a) above, and each Bank shall promptly notify RGA and the Administrative Agent of the existence or occurrence of any condition or circumstance specified in clause (b), (c) or (d) above applicable to such Bank’s Loans but the failure by the Administrative Agent or such Bank to give any such notice shall not affect such Bank’s rights hereunder.
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Mandatory Suspension and Conversion of LIBOR Loans. A Bank’s obligations The Lenders obligation to make, continue or convert into LIBOR Loans of any Type shall be suspended, suspended and all such Bank’s Lenders outstanding Loans of that such Type (except in the case of Loans denominated in any Alternative Currency, which shall as a result of the events described in clauses (a), (b), (c) or (d) below cease to be LIBOR Loans of that Type and shall bear interest at such Bank’s Cost of Funds plus the Applicable LIBOR Margin) shall be converted into Base Rate Loans on the last day of their applicable Interest Periods (or, if earlier, in the case of clause (ciii) below, on the last day such Bank the Lenders may lawfully continue to maintain Loans Loans, of that such Type or, in the case of clause (div) below, on the day determined by such Bank the Agent to be the last Business Day before the effective date of the applicable restriction) into, and all pending requests for the making or continuation of or conversion into Loans of such Type by such Bank the Agent shall be deemed requests for, for Base Rate Loans, if:
(ai) on or prior to the determination of an interest rate for a LIBOR Loan of that Type for any Interest Period, the Administrative Agent reasonably determines that for any reason appropriate information is not available to it for purposes of determining the Adjusted LIBOR or LIBOR, as applicable, Rate for such Interest Period;
(bii) on or prior to the first day of any Interest Period for a LIBOR Loan of that Type, such Bank Type any of the Lenders reasonably determines that the LIBOR Rate, as determined by the Administrative Agent such Lender, for such Interest Period would not accurately reflect the cost to such Bank Lender of making, continuing or converting into a LIBOR Loan of such Type for such Interest Period;
(ciii) at any time such Bank any of the Lenders determines that any Regulatory Change Enacted after the Agreement Date makes it unlawful or impracticable for such Bank Lender or its Lending Office applicable lending office to make, continue or convert into any a LIBOR Loan of that such Type, or to comply with its obligations hereunder in respect thereof; or
(div) such Bank determines any of the Lenders determines, that, by reason of any Regulatory Change Enacted after the Agreement DateChange, such Bank Lender or its Lending Office applicable lending office is restricted, directly or indirectly, in the amount that it may hold of (iA) a category of liabilities that includes deposits by reference to which, or on the basis of which, the interest rate applicable to LIBOR Loans of that such Type is directly or indirectly determined or (iiB) the category of assets that includes LIBOR Loans of that such Type. If, as a result of this Section 8.01, any Loan of any Bank that would otherwise be made or maintained as or converted into a LIBOR Loan of any Type for any Interest Period is instead made or maintained as or converted into Base Rate Loans, then, unless the corresponding Loan of each of the other Banks is also to be made or maintained as or converted into a Base Rate Loan, such Loan shall be treated as being a LIBOR Loan of such Type for such Interest Period for all purposes of this Agreement (including the timing, application and proration among the Banks of interest payments, conversions and prepayments) except for the calculation of the interest rate borne by such Loan. The Administrative Agent shall promptly notify RGA and each Bank of the existence or occurrence of any condition or circumstance specified in clause (a) above, and each Bank shall promptly notify RGA and the Administrative Agent of the existence or occurrence of any condition or circumstance specified in clause (b), (c) or (d) above applicable to such Bank’s Loans but the failure by the Administrative Agent or such Bank to give any such notice shall not affect such Bank’s rights hereunder.
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Mandatory Suspension and Conversion of LIBOR Loans. A Bank’s obligations The Lenders' obligation to make, continue or convert into LIBOR Loans of any Type shall be suspended, all such Bank’s Lenders' outstanding Loans of that such Type (except in the case of Loans denominated in any Alternative Currency, which shall as a result of the events described in clauses (a), (b), (c) or (d) below cease to be LIBOR Loans of that Type and shall bear interest at such Bank’s Cost of Funds plus the Applicable LIBOR Margin) shall be converted into Base Rate Loans on the last day of their applicable Interest Periods (or, if earlier, in the case of clause (ciii) below, on the last day such Bank the Lenders may lawfully continue to maintain Loans of that such Type or, in the case of clause (div) below, on the day determined by such Bank the Agent to be the last Business Day before the effective date of the applicable restriction) into, and all pending requests for the making or continuation of or conversion into Loans of such Type by such Bank the Agent shall be deemed requests for, for Base Rate Loans, if:
(ai) on or prior to the determination of an interest rate for a LIBOR Loan of that Type for any Interest Period, the Administrative Agent reasonably determines that for any reason appropriate information is not available to it for purposes of determining the Adjusted LIBOR or LIBOR, as applicable, Rate for such Interest Period;
(bii) on or prior to the first day of any Interest Period for a LIBOR Loan of that such Type, such Bank any of the Lenders reasonably determines that the LIBOR Rate as determined by the Administrative Agent such Lender for such Interest Period would not accurately reflect the cost to such Bank Lender of making, continuing or converting into a LIBOR Loan of such Type for such Interest Period;
(ciii) at any time such Bank any of the Lenders determines that any Regulatory Change Enacted after the Agreement Date makes it unlawful or impracticable for such Bank Lender or its Lending Office applicable lending office to make, continue or convert into any a LIBOR Loan of that such Type, or to comply with its obligations hereunder in respect thereof; or
(div) such Bank any of the Lenders determines that, by reason of any Regulatory Change Enacted after the Agreement DateChange, such Bank Lender or its Lending Office applicable lending office is restricted, directly or indirectly, in the amount that it may hold of (iA) a category of liabilities that includes deposits by reference to which, or on the basis of which, the interest rate applicable to LIBOR Loans of that such Type is directly or indirectly determined or (iiB) the category of assets that includes LIBOR Loans of that such Type. If, as a result of this Section 8.01, any Loan of any Bank that would otherwise be made or maintained as or converted into a LIBOR Loan of any Type for any Interest Period is instead made or maintained as or converted into Base Rate Loans, then, unless the corresponding Loan of each of the other Banks is also to be made or maintained as or converted into a Base Rate Loan, such Loan shall be treated as being a LIBOR Loan of such Type for such Interest Period for all purposes of this Agreement (including the timing, application and proration among the Banks of interest payments, conversions and prepayments) except for the calculation of the interest rate borne by such Loan. The Administrative Agent shall promptly notify RGA and each Bank of the existence or occurrence of any condition or circumstance specified in clause (a) above, and each Bank shall promptly notify RGA and the Administrative Agent of the existence or occurrence of any condition or circumstance specified in clause (b), (c) or (d) above applicable to such Bank’s Loans but the failure by the Administrative Agent or such Bank to give any such notice shall not affect such Bank’s rights hereunder.
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Mandatory Suspension and Conversion of LIBOR Loans. A Bank’s Each -------------------------------------------------- Lender's obligations to make, continue or convert into LIBOR Loans of any Type (or, as applicable, LIBOR Loans with a certain Interest Period) shall be suspended, and all such Bank’s Lender's outstanding Loans of that such Type (except in the case of Loans denominated in any Alternative Currency, which shall as a result of the events described in clauses (a), (b), (c) or (d) below cease to be LIBOR Loans of that Type and shall bear interest at such Bank’s Cost of Funds plus the Applicable LIBOR Margin) shall be converted into Base Rate Loans on the last day of their applicable Interest Periods (or, if earlier, in the case of clause (c) below, on the last day such Bank Lender may lawfully continue to maintain Loans of that such Type or, in the case of clause (d) below, on the day determined by such Bank Lender to be the last Business Day before the effective date of the applicable restriction) into), and all pending requests for the making or continuation of or conversion into Loans of such Type by such Bank Lender shall be deemed requests for, for Base Rate Loans, if:
(a) on or prior to the determination of an interest rate for a LIBOR Loan of that Type for any Interest Period, the Administrative Agent determines that for any reason appropriate information is not available to it for purposes of determining the Adjusted LIBOR or LIBOR, as applicable, Rate for such Interest Period;
(b) on or prior to the first day of any Interest Period for a LIBOR Loan of that Type, such Bank Lender determines that the LIBOR Rate as determined by the Administrative Agent for such Interest Period would not accurately reflect the cost to such Bank any Lender of making, continuing or converting into a LIBOR Loan of such Type for such Interest Period;
(c) at any time time, such Bank Lender determines that any Regulatory Change Enacted after the Agreement Date makes it unlawful or impracticable for such Bank or its Lending Office any Lenders to make, continue or convert into any a LIBOR Loan or a LIBOR Loan of that Typea certain Interest Period, or to comply with its obligations hereunder in respect thereof; or
(d) such Bank Lender determines that, by reason of any Regulatory Change Enacted after the Agreement DateChange, such Bank or its Lending Office Lender is restricted, directly or indirectly, in the amount that it may hold of (i) a category of liabilities that includes deposits by reference to which, or on the basis of which, the interest rate applicable to LIBOR Loans of that such Type is directly or indirectly determined or (ii) the category of assets that includes LIBOR Loans of that such Type. If, as a result of this Section 8.01Subsection 2.6.1, any Loan of any Bank Lender that would otherwise be made or maintained as or converted into a LIBOR Loan of any Type for any Interest Period is instead made or maintained as or converted into a Base Rate LoansLoan, then, unless the corresponding Loan of each of the other Banks Lenders is also to be made or maintained as or converted into a Base Rate Loan, such Loan shall be treated as being a LIBOR Loan of such Type for such Interest Period for all purposes of this Agreement (including the timing, application and proration among the Banks Lenders of interest payments, conversions and prepayments) except for the calculation of the interest rate borne by such Loan. The Administrative Agent shall promptly notify RGA the Borrower and each Bank Lender of the existence or occurrence of any condition or circumstance specified in clause (a) above, and each Bank Lender shall promptly notify RGA the Borrower and the Administrative Agent of the existence existence, occurrence or occurrence termination of any condition or circumstance specified in clause (b), (c) or (d) above applicable to such Bank’s Loans Lender's Loans, but the failure by the Administrative Agent or such Bank Lender to give any such notice shall not affect such Bank’s Lender's rights hereunder. The Agent and the Lenders shall only cause the suspension of LIBOR Rate lending under this Subsection 2.6.1 if such suspension is made pursuant to a policy adopted by the Agent or such Lender, as the case may be, to suspend such LIBOR Rate lending generally from customers similar to the Borrower and having similar provisions in agreements with such Agent or Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Specialty Products & Insulation Co)
Mandatory Suspension and Conversion of LIBOR Loans. A Bank’s 's obligations to make, continue maintain or convert into LIBOR Loans of any Type type shall be suspended, all such Bank’s 's outstanding Loans of that Type (except in the case of Loans denominated in any Alternative Currency, which shall as a result of the events described in clauses (a), (b), (c) or (d) below cease to be LIBOR Loans of that Type and shall bear interest at such Bank’s Cost of Funds plus the Applicable LIBOR Margin) type shall be converted on the last day of their applicable Interest Periods (or, if earlier, in the case of clause (c) below, on the last day such Bank may lawfully continue to maintain Loans of that Type type or, in the case of clause (d) below, on the day determined by such Bank to be the last Business Day or LIBOR Business Day, as the case may be, before the effective date of the applicable restriction) into, and all pending requests for the making or continuation of or conversion into Loans of such Type type by such Bank shall be deemed requests for, Base Rate Loans, ifif and so long as:
(a) on or prior to the determination of an interest rate for a LIBOR Loan other than a Bid Loan of that Type type for any Interest Period, the Administrative Agent determines that for any reason appropriate information is not available to it for purposes of determining the Adjusted LIBOR or LIBOR, as applicable, for such Interest Period;
(b) on or prior to the first day of any Interest Period for a LIBOR Loan of Loan, the Required Banks determine that TypeLIBOR, such Bank determines that LIBOR as determined by the Administrative Agent for such Interest Period Period, would not accurately reflect the cost to such Bank Banks of making, continuing maintaining or converting into a LIBOR Loan of such Type type for such Interest Period;
(c) at any time such Bank determines that any Regulatory Change Enacted after the Agreement Date makes it unlawful or impracticable for such Bank to make or its Lending Office to make, continue or convert into maintain any LIBOR Loan of that TypeLoan, or to comply with its obligations hereunder in respect thereof; or
(d) such Bank determines that, that by reason of any Regulatory Change Enacted after the Agreement Date, such Bank or its Lending Office it is restricted, directly or indirectly, in the amount that it may hold of (i) a category of liabilities that includes deposits by reference to which, or on the basis of which, the interest rate applicable to LIBOR Loans of that Type is directly or indirectly determined determined, or (ii) the category of assets that includes LIBOR Loans of that Type. If, as a result of this Section 8.01, any Loan of any Bank that would otherwise be made or maintained as or converted into a LIBOR Loan of any Type for any Interest Period is instead made or maintained as or converted into Base Rate Loans, then, unless the corresponding Loan of each of the other Banks is also to be made or maintained as or converted into a Base Rate Loan, such Loan shall be treated as being a LIBOR Loan of such Type for such Interest Period for all purposes of this Agreement (including the timing, application and proration among the Banks of interest payments, conversions and prepayments) except for the calculation of the interest rate borne by such Loan. The Administrative Agent shall promptly notify RGA the Borrower and each Bank of the existence or occurrence of any condition or circumstance specified in clause (a) above, and each Bank shall promptly notify RGA the Borrower and the Administrative Agent of the existence or occurrence of any condition or circumstance specified in clause (b), (c) or (d) above applicable to such Bank’s Loans 's Loans, but the failure by the Administrative Agent or such Bank to give any such notice shall not affect such Bank’s 's rights hereunder.
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Mandatory Suspension and Conversion of LIBOR Loans. A Bank’s Each Lender's obligations to make, continue or convert into LIBOR Loans of any Type (or, as applicable, LIBOR Loans with a certain Interest Period) shall be suspended, and all such Bank’s Lender's outstanding Loans of that such Type (except in the case of Loans denominated in any Alternative Currency, which shall as a result of the events described in clauses (a), (b), (c) or (d) below cease to be LIBOR Loans of that Type and shall bear interest at such Bank’s Cost of Funds plus the Applicable LIBOR Margin) shall be converted into Base Rate Loans on the last day of their applicable Interest Periods (or, if earlier, in the case of clause (c) below, on the last day such Bank Lender may lawfully continue to maintain Loans of that such Type or, in the case of clause (d) below, on the day determined by such Bank Lender to be the last Business Day before the effective date of the applicable restriction) into), and all pending requests for the making or continuation of or conversion into Loans of such Type by such Bank Lender shall be deemed requests for, for Base Rate Loans, if:
(a) on or prior to the determination of an interest rate for a LIBOR Loan of that Type for any Interest Period, the Administrative Agent determines that for any reason appropriate information is not available to it for purposes of determining the Adjusted LIBOR or LIBOR, as applicable, Rate for such Interest Period;
(b) on or prior to the first day of any Interest Period for a LIBOR Loan of that Type, such Bank Lender determines that the LIBOR Rate as determined by the Administrative Agent for such Interest Period would not accurately reflect the cost to such Bank any Lender of making, continuing or converting into a LIBOR Loan of such Type for such Interest Period;
(c) at any time time, such Bank Lender determines that any Regulatory Change Enacted after the Agreement Date makes it unlawful or impracticable for such Bank or its Lending Office any Lenders to make, continue or convert into any a LIBOR Loan or a LIBOR Loan of that Typea certain Interest Period, or to comply with its obligations hereunder in respect thereof; or
(d) such Bank Lender determines that, by reason of any Regulatory Change Enacted after the Agreement DateChange, such Bank or its Lending Office Lender is restricted, directly or indirectly, in the amount that it may hold of (i) a category of liabilities that includes deposits by reference to which, or on the basis of which, the interest rate applicable to LIBOR Loans of that such Type is directly or indirectly determined or (ii) the category of assets that includes LIBOR Loans of that such Type. If, as a result of this Section 8.01Subsection 2.7.1, any Loan of any Bank Lender that would otherwise be made or maintained as or converted into a LIBOR Loan of any Type for any Interest Period is instead made or maintained as or converted into a Base Rate LoansLoan, then, unless the corresponding Loan of each of the other Banks Lenders is also to be made or maintained as or converted into a Base Rate Loan, such Loan shall be treated as being a LIBOR Loan of such Type for such Interest Period for all purposes of this Agreement (including the timing, application and proration among the Banks Lenders of interest payments, conversions and prepayments) except for the calculation of the interest rate borne by such Loan. The Administrative Agent shall promptly notify RGA the Borrower and each Bank Lender of the existence or occurrence of any condition or circumstance specified in clause (a) above, and each Bank Lender shall promptly notify RGA the Borrower and the Administrative Agent of the existence existence, occurrence or occurrence termination of any condition or circumstance specified in clause (b), (c) or (d) above applicable to such Bank’s Loans Lender's Loans, but the failure by the Administrative Agent or such Bank Lender to give any such notice shall not affect such Bank’s Lender's rights hereunder. Notwithstanding the foregoing, LIBOR Loans for a one year Interest Period are governed by the terms of Section 2.6 and shall be available only as specified therein.
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Adelphia Communications Corp)