No Alternative Currency Sample Clauses

No Alternative Currency. Tranche Lender shall be obligated to provide a commitment in a Supplemental Currency. Each Alternative Currency Tranche Lender that agrees to provide a commitment in a Supplemental Currency (each, an “Authorizing Lender”) shall notify the Administrative Agent, not later than 11:00 a.m., ten (10) Business Days after receipt of such Supplemental Request whether it agrees to provide a commitment for Eurocurrency Rate Loans in the applicable Supplemental Currency. Any Alternative Currency Tranche Lender that has failed to respond to such request within the time period specified in the preceding sentence shall be deemed to have declined to provide a commitment in the applicable Supplemental Currency.
Sample 1Sample 2
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No Alternative Currency. If, no later than 5.00 p.m. on the third Business Day before the first day of an Interest Period in relation to an Advance which is proposed to be denominated in an Alternative Currency (other than any Committed Currency), a Bank notifies the Facility Agent that: (a) the proposed Alternative Currency is not readily available to it in the amount required to fund its Participation in that Advance; or
Sample 1
No Alternative Currency. 6.4.1 If, no later than 4.00 p.m. on the third Business Day before the first day of an Interest Period in relation to an Advance which it is proposed to be denominated in an Alternative Currency, a Bank notifies the Agent that: (a) for whatever reason it is impracticable for that Bank to fund its Participation in that Advance in the proposed Alternative Currency in the ordinary course of business in the London interbank market; or (b) central bank or other governmental authorisation in the country of the proposed Alternative Currency is required to permit its use by that Bank for the making of that Advance and the authorisation has not been obtained or is not in full force and effect or is subject to unacceptable conditions; or (c) the use of the proposed Alternative Currency is restricted or prohibited by any request, directive, regulation or guideline of any governmental body, agency, department or regulatory or other authority (whether or not having the force of law) in accordance with which that Bank is accustomed to act, the Agent shall notify the Borrower and the Banks by 5.00 p.m. on the same day. 6.4.2 Following a notification of the Borrower under Clause 6.4.1: (a) the relevant Advance shall not be made if the Borrower notifies the Agent by 9.00 a. m on the second Business Day before the proposed Advance that the Advance should not be made; or (b) if the Borrower fails to notify the Agent by 9.00 a.m as stated in Clause 6.4.2(a) or if the Borrower notifies the Agent by such time that it requires the Advance to be denominated in Dollars, the relevant Advance shall be denominated in Dollars. 6.4.3 If the Advance is to be denominated in Dollars pursuant to Clause 6.4.2(b), the Agent shall notify the Banks of such fact by 10. 30 a. m on the second Business Day before the first day of the Interest Period in relation to that Advance.
Sample 1
No Alternative Currency. If, no later than 10.00 a.m. on the second Business Day before the first day of an Interest Period in relation to a Revolving Advance which is proposed to be denominated in an Alternative Currency, a Bank notifies the Facility Agent that: 6.4.1 for whatever reason it is impracticable for that Bank to fund its Participation in that Revolving Advance in the proposed Alternative Currency in the ordinary course of business in the London interbank market; or 6.4.2 central bank or other governmental authorisation in the country of the proposed Alternative Currency is required to permit its use by that Bank for the making of that Revolving Advance and the authorisation has not been obtained or is not in full force and effect or is subject to unacceptable conditions; or 6.4.3 the use of the proposed Alternative Currency is restricted or prohibited by any request, directive, regulation or guideline of any governmental body, agency, department or regulatory or other authority (whether or not having the force of law) in accordance with which that Bank is accustomed to act, the Facility Agent shall notify the Parent Guarantor and the Banks by 11.00 a.m. on the same day. In this event, the Parent Guarantor and the Banks may agree that the Revolving Advance shall not be made, PROVIDED THAT, in the absence of such agreement by 12.00 noon on the same day, the Revolving Advance shall be denominated in Dollars during that Interest Period.
Sample 1
No Alternative Currency. If, no later than 10.00 a.m. on the second Business Day before, or in the case of an Advance to be denominated in Sterling no later than 10 a.m. on, the first day of an Interest Period in relation to an Advance which is proposed to be denominated in an Alternative Currency (other than, prior to the Commencement Date, Dollars), a Lender notifies the Agent that: 6.2.1 for whatever reason it is impracticable for that Lender to fund its Participation in that Advance in the proposed Alternative Currency in the ordinary course of business in the London interbank market; or 6.2.2 central bank or other governmental authorisation in the country of the proposed Alternative Currency is required to permit its use by that Lender for the making of that Advance and the authorisation has not been obtained or is not in full force and effect or is subject to unacceptable conditions; or 6.2.3 the use of the proposed Alternative Currency is restricted or prohibited by any request, directive, regulation or guideline of any governmental body, agency, department or regulatory or other authority (whether or not having the force of law) in accordance with which that Lender is accustomed to act, the Agent shall notify the Guarantor and the Lenders by 11.00 a.m. on the same day. In this event, the Guarantor and the Lenders may agree that the Advance shall not be made, provided that in the absence of such agreement by 12.00 noon on the same day, that Lenders Participation in the Advance shall be denominated in euros, there shall be substituted in the definition of "EURIBOR" in Clause 1.1 (DEFINITIONS AND INTERPRETATION) for the time "11.00 a.m." the time "1.00 p.m.", and its participation shall be treated as a separate Advance during that Interest Period.
Sample 1
No Alternative Currency. If, no later than 5.00 p.m. on the third Business Day before the first day of an Interest Period in relation to a Revolving Advance which is proposed to be denominated in an Alternative Currency (other than a Committed Currency), a Bank notifies the Facility Agent that: 6.4.1 the proposed Alternative Currency is not readily available to it in the amount required to fund its Participation in that Revolving Advance; or 6.4.2 compliance with its obligation to participate in a Revolving Advance in the proposed Alternative Currency would contravene a law or a regulation or guideline (having the force of law or being of a type which banks in the relevant interbank market customarily comply) applicable to it, (a) the Revolving Advance will be denominated in its entire amount in Dollars or a Committed Currency (as the relevant Borrower shall, by notice served on the Facility Agent prior to such time, select) or (b) each Bank will participate in the Revolving Advance in the chosen Alternative Currency, save that each Bank that gives notice pursuant to this Clause 6.4 will participate in the Revolving Advance in Dollars or a Committed Currency (as the relevant Borrower shall, by notice served on the Facility Agent prior to such time, select) in an amount equal to that Bank's proportion of that Revolving Advance and its participation will be treated as a separate Advance denominated in Dollars or, as the case may be, the relevant Committed Currency during that Interest Period (with an Interest Period as set out in the relevant Drawing Notice).
Sample 1
No Alternative Currency. If, no later than 10.00 a.m. on the second Business Day before the first day of an Interest Period in relation to a Revolving Advance which is proposed to be denominated in an Alternative Currency, a Bank (other than the Term D Lender) notifies the Facility Agent that: 5.4.1 for whatever reason it is impracticable for that Bank to fund its Participation in that Revolving Advance in the proposed Alternative Currency in the ordinary course of business in the London interbank market; or 5.4.2 central bank or other governmental authorisation in the country of the proposed Alternative Currency is required to permit its use by that Bank for the making of that Revolving Advance and the authorisation has not been obtained or is not in full force and effect or is subject to unacceptable conditions; or 5.4.3 the use of the proposed Alternative Currency is restricted or prohibited by any request, directive, regulation or guideline of any governmental body, agency, department or regulatory or other authority (whether or not having the force of law) in accordance with which that Bank is accustomed to act, the Facility Agent shall notify Dynea and the Banks (other than the Term D Lender) by 11.00 a.m. on the same day. In this event, Dynea and such Banks may agree that the Revolving Advance shall not be made, PROVIDED THAT, in the absence of such agreement by 12.00 noon on the same day, the Revolving Advance shall be denominated in Euro during that Interest Period.
Sample 1
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Related to No Alternative Currency

  • Additional Alternative Currencies (a) The Borrower may from time to time request that Eurocurrency Rate Loans be made and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency;” provided that such requested currency is a lawful currency (other than Dollars). In the case of any such request with respect to the making of Eurocurrency Rate Loans, such request shall be subject to the approval of the Administrative Agent and the Revolving Credit Lenders; and in the case of any such request with respect to the issuance of Letters of Credit, such request shall be subject to the approval of the Administrative Agent and the L/C Issuers. (i) Any such request shall be made to the Administrative Agent not later than 11:00 a.m., 15 Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, each L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Eurocurrency Rate Loans, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify each L/C Issuer thereof. Each Revolving Credit Lender (in the case of any such request pertaining to Eurocurrency Rate Loans) or each L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., ten Business Days after receipt of such request whether it consents, in its sole discretion, to the making of Eurocurrency Rate Loans or the issuance of Letters of Credit, as the case may be, in such requested currency. (ii) Any failure by a Revolving Credit Lender or L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by such Revolving Credit Lender or L/C Issuer, as the case may be, to permit Eurocurrency Rate Loans to be made or Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Revolving Credit Lenders consent to making Eurocurrency Rate Loans in such requested currency, the Administrative Agent shall so notify the Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowings of Eurocurrency Rate Loans; and if the Administrative Agent and the L/C Issuers consent to the issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.14, the Administrative Agent shall promptly so notify the Borrower.

  • Alternative Currencies (a) The Borrower may from time to time request that LIBO Rate Revolving Loans be made and/or Letters of Credit be issued in a currency other than Dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. In the case of any such request with respect to the making of LIBO Rate Revolving Loans, such request shall be subject to the approval of the Revolving Lenders of the applicable Class that will provide such Loans, and in the case of any such request with respect to the issuance of Letters of Credit, such request shall be subject to the approval of the applicable Issuing Banks, in each case as set forth in Section 9.02(b)(ii)(E). (b) Any such request shall be made to the Administrative Agent not later than 11:00 a.m., ten Business Days prior to the requested date of the making of such Revolving Loan or issuance of such Letter of Credit (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, the applicable Issuing Banks, in its or their sole discretion). In the case of any such request pertaining to LIBO Rate Revolving Loans, the Administrative Agent shall promptly notify each Revolving Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the applicable Issuings Bank thereof. Each applicable Revolving Lender (in the case of any such request pertaining to LIBO Rate Revolving Loans) or each applicable Issuing Bank (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., five Business Days after receipt of such request whether it consents, in its sole discretion, to the making of LIBO Rate Revolving Loans or the issuance of Letters of Credit, as the case may be, in such requested currency. (c) Any failure by a Revolving Lender or Issuing Bank, as the case may be, to respond to such request within the time period specified in the preceding paragraph shall be deemed to be a refusal by such Revolving Lender or Issuing Bank, as the case may be, to permit LIBO Rate Revolving Loans to be made or Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the applicable Revolving Lenders consent to making LIBO Rate Revolving Loans or issuance of Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and the Borrower and the Revolving Lenders shall amend this Agreement and the other Loan Documents as necessary to accommodate such Borrowings and/or Letters of Credit (as applicable), in accordance with Section 9.02(b)(ii)(E). If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.10, the Administrative Agent shall promptly so notify the Borrower.

  • Canadian Dollars All references herein to dollar amounts are to lawful money of Canada.

  • Base Rate Loans During such periods as Revolving Loans shall be comprised in whole or in part of Base Rate Loans, such Base Rate Loans shall bear interest at a per annum rate equal to the Adjusted Base Rate.

  • Eurocurrency Rate Advances During such periods as such Advance is a Eurocurrency Rate Advance, a rate per annum equal at all times during each Interest Period for such Advance to the sum of (x) the Eurocurrency Rate for such Interest Period for such Advance plus (y) the Applicable Margin in effect from time to time, payable in arrears on the last day of such Interest Period and, if such Interest Period has a duration of more than three months, on each day that occurs during such Interest Period every three months from the first day of such Interest Period and on the date such Eurocurrency Rate Advance shall be Converted or paid in full.

  • Base Currency For the purposes of any calculation hereunder, we may convert amounts denominated in any other currency into the Base Currency at such rate prevailing at the time of the calculation as we shall reasonably select.

  • Eurocurrency Loans The Loans constituting each Eurocurrency Borrowing shall bear interest at a rate per annum equal to the Adjusted LIBO Rate for the related Interest Period for such Borrowing plus the Applicable Margin.

  • Selection of currency A Borrower (or the Company on behalf of a Borrower) shall select the currency of a Loan in a Utilisation Request.

  • Prime Rate Loans During such periods as the Term Loan shall be comprised of Prime Rate Loans, each such Prime Rate Loan shall bear interest at a per annum rate equal to the Prime Rate; and

  • Reserves on Eurocurrency Rate Loans The Domestic Borrower shall pay (or cause the Foreign Borrower to pay) to each Lender, (i) as long as such Lender shall be required to maintain reserves with respect to liabilities or assets consisting of or including Eurocurrency funds or deposits (currently known as “Eurocurrency liabilities”), additional interest on the unpaid principal amount of each Eurocurrency Rate Loan equal to the actual costs of such reserves allocated to such Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive) and (ii) without duplication of any cost in clause (i) of this clause (e), as long as such Lender shall be required to comply with any reserve ratio requirement or analogous requirement of any other central banking or financial regulatory authority imposed in respect of the maintenance of the Commitments or the funding of the Eurocurrency Rate Loans, such additional costs (expressed as a percentage per annum and rounded upwards, if necessary, to the nearest five decimal places) equal to the actual costs allocated to such Commitment or Loan by such Lender (as determined by such Lender in good faith, which determination shall be conclusive), which in each case shall be due and payable on each date on which interest is payable on such Loan, provided the Domestic Borrower shall have received at least 10 days’ prior notice (with a copy to the Administrative Agent) of such additional interest or costs from such Lender. If a Lender fails to give notice 10 days prior to the relevant Interest Payment Date, such additional interest or costs shall be due and payable 10 days from receipt of such notice.

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