Non-availability. (a) If at any time dollar deposits in the principal amount of any Bank's proportionate interest in, or obligation under, any DSR Loan bearing interest at the LIBOR Rate are not available to such Bank in the London interbank market for the next Interest Period, such Bank shall so notify the Agent, who shall so notify the Borrower, and the obligation of such affected Bank to make or continue or to convert DSR Loans into DSR Loans bearing interest based on the LIBOR Rate shall be immediately suspended and during such suspension be converted into an obligation to do the same with respect to DSR Loans bearing interest at the Adjusted Base Rate; provided, however, that outstanding DSR Loans bearing interest at the LIBOR Rate shall be converted into DSR Loans bearing interest at the Adjusted Base Rate on the last day of the then current Interest Period applicable to such DSR Loans.
(b) If at any time the Interest Rate then in effect based on the LIBOR Rate does not adequately and fairly reflect, in the reasonable judgment of any Bank, the cost for such Bank of advancing or maintaining its respective proportionate interest in any DSR Loan bearing interest at the LIBOR Rate during any Interest Period, then such Bank shall notify the Agent, who shall so notify the Borrower, and interest on such Bank's proportionate share of the DSR Loans shall for any subsequent Interest Period accrue at the Adjusted Base Rate.
(c) If the Borrower so requests after the suspension of a Bank's obligation to make DSR Loans bearing interest at the LIBOR Rate under this Section 2.19 for at least ten (10) consecutive Business Days based on circumstances not generally applicable to United States or foreign lenders making loans of the types contemplated hereunder, such Bank shall (consistent with legal and regulatory restrictions) comply with Section 2.20 hereof.
Non-availability of currency If a Bank is for any reason unable to obtain the relevant Optional Currency in the London Interbank market and is, as a result, or as a result of any other contingency affecting the London Interbank market, unable to advance or maintain its Commitment in the relevant Optional Currency, that Bank shall give notice to the Agent and the Agent shall give notice to the Borrower and that Bank's obligations to make the Facility available shall immediately cease. In that event, if all or any part of the Facility shall have been advanced by that Bank to the Borrower, the Agent in accordance with instructions from that Bank and subject to that Bank's approval of any agreement between the Agent and the Borrower, will negotiate with the Borrower in good faith with a view to establishing a mutually acceptable basis for funding the Facility or relevant part thereof from an alternative source. If the Agent and the Borrower have failed to agree in writing on a basis for funding the Facility or relevant part thereof from an alternative source by 11.00 a.m. on the second Business Day prior to the end of the then current relevant Interest Period, the Borrower will (without prejudice to its other obligations under or pursuant to this Agreement, including, without limitation, its obligation to pay interest on the Facility, arising on the expiry of the then relevant Interest Period) prepay the Indebtedness (or relevant part thereof) to the Agent on behalf of that Bank on the expiry of the then current relevant Interest Period.
Non-availability. Per Diem nurses requesting a period of unavailability greater than required for their designation may request a personal leave of absence in accordance with article 11.1.
Non-availability of currency If a Bank is for any reason unable to obtain Dollars in the London Interbank market and is, as a result, or as a result of any other contingency affecting the London Interbank market, unable to advance or maintain its Commitment in Dollars, that Bank shall give notice to the Agent and the Agent shall give notice to the Borrowers and the Banks' obligations to make the Loan available shall immediately cease. In that event, if all or any part of the Loan shall have been advanced by the Banks to the Borrowers, the Agent on behalf of the Banks will negotiate with the Borrowers in good faith with a view to establishing a mutually acceptable basis for funding the Loan from an alternative source. If the Agent and the Borrowers have failed to agree in writing on a basis for funding the Loan from an alternative source by 11.00 a.m. on the second Business Day prior to the end of the then current Interest Period, the Borrowers will (without prejudice to their other obligations under or pursuant to this Agreement, including, without limitation, their obligation to pay interest on the Loan, arising on the expiry of the then current Interest Period) prepay the Indebtedness to the Agent on behalf of the Banks on the expiry of the then current Interest Period.
Non-availability. (i) If at any time the Agent in good faith determines that deposits are not available in the London interbank market for the next Interest Period, Agent shall so notify Borrower, and the LIBOR basis for such Loans shall be suspended, and interest on such Loans for any subsequent Interest Periods shall accrue at the Base Rate plus the Base Rate Margin, until such time as such condition no longer exists.
(ii) If at any time the Majority Lenders in good faith determine that the Interest Rate then in effect based on LIBOR does not serve as an accurate reference to determine the cost of advancing or maintaining the Loans on a LIBOR basis during any Interest Period, then the Majority Lenders shall notify Agent, who shall so notify Borrower, and interest on such Loans shall for any subsequent Interest Period accrue at the Base Rate plus the Base Rate Margin.
(iii) Notwithstanding any other provision of this Agreement, in the event that it becomes unlawful for any Lender to honor its obligation to make or maintain Loans on a LIBOR basis hereunder, then such Lender shall promptly notify the Borrower thereof (with a copy to the Agent) and such Lender's obligation to make or continue Loans on a LIBOR basis shall be suspended, and such Lender shall make or continue Loans for any subsequent Interest Periods on a Base Rate basis, until such time as such Lender may again make and maintain Loans on a LIBOR basis.
Non-availability. (i) If at any time Dollar deposits in the principal amount of any Lender's proportionate interest in, or obligation under, any LIBOR Rate Loan are not available to such Lender in the London interbank market for the next Interest Period, such Lender shall so notify the Agent, who shall so notify the Borrower, and the LIBOR Rate basis for such Loan shall be suspended, and such Lender's proportionate share of the LIBOR Rate Loans shall thereafter be Reference Rate Loans. If the Borrower so requests within ten days of notice to the Borrower of any such non-availability, the Agent shall use reasonable efforts to arrange an assignment of such Lender's proportionate share of the Commitment to an assignee selected by the Agent or the Borrower (and reasonably acceptable to each of them) subject to the provisions of Section 2.19(e) hereof, and such assigning Lender hereby consents to any such assignment.
(ii) If at any time the interest rate then in effect based on the LIBOR Rate does not serve as an accurate reference, in the reasonable judgment of any Lender, for such Lender to determine the cost of advancing or maintaining its respective proportionate share in any LIBOR Rate Loan during any Interest Period, then such Lender shall notify the Agent, who shall so notify the Borrower, and interest on such Lender's proportionate share of the LIBOR Rate Loans shall thereafter accrue at an interest rate determined by reference to an alternate basis; PROVIDED, that if no other interest rate serves as an accurate reference for such Lender, then such Lender shall so notify the Agent, who shall so notify the Borrower, and such Lender's proportionate share of the LIBOR Rate Loans shall thereafter be Reference Rated Loans. If the Borrower so requests within ten days of notice to the Borrower pursuant to this Section 2.19(d)(ii), the Agent shall use reasonable efforts to arrange an assignment of such Lender's proportionate share of the Commitment, to an assignee selected by the Agent or the Borrower (and reasonably acceptable to each of them) subject to the provisions of Section 2.19(e) hereof, and such assigning Lender hereby consents to any such assignment.
(iii) If any conversion pursuant to this Section 2.19(d) is made on a day that is not the Interest Period End Date for a complete Interest Period with respect to such LIBOR Rate Loans, the Loan Parties shall pay to the Lender such amount or amounts as may be necessary to compensate such Lender for any loss or expense sust...
Non-availability. For each de- termination of non-availability made in accordance with FAR 25.103(b)(2)(i), the HCA must do the following:
Non-availability. If Optional Currencies and/or NOK will not be available to the Banks in the London Interbank Market and/or the Interbank Swap Market (for NOK) for a relevant Interest Period, then the Banks and the Borrower shall agree on an alternative interest rate and an alternative Interest Period to be substituted for those which would otherwise have applied under this Agreement, and any such interest rate or Interest Period agreed within thirty (30) days from the end of the last preceding Interest Period or Drawdown Date (as applicable) shall be retroactive to such end of the last preceding Interest Period or Drawdown Date. If no agreement is reached within thirty (30) days then the Borrower will repay the Loan on the thirtieth day together with such amount as shall be certified by the Banks as being the cost to the Banks' of funding the Loan during those thirty (30) days plus the Margin.
Non-availability. If for any reason beyond our control the property is not available, all monies will be refunded in full and the Owner will not be liable for any further claims.
Non-availability. If the proposed Rare Disease Target is not Available at the time Voyager receives the notice in Section 2.2.3(a), or it is determined that the proposed target does not qualify as a Rare Disease Target, Novartis will be deemed not to have exercised the Additional Target Option, and Novartis will continue to have the ability to nominate additional Rare Disease Targets for exercise of the Additional Target Option in accordance with the process set forth above in this Section 2.2.3 until its Additional Target Option has been exercised; provided that (i) if the time period for the Additional Target Option Period under Section 1.7 has expired following Novartis’s nomination of the Rare Disease Target that was not Available, then (ii) Novartis’s Additional Target Option will continue (and the time period for the Additional Target Option Period will be extended) for up to an additional [**] after Voyager’s notification that the previously proposed Rare Disease Target is not Available (except if such period of [**] period is extended by mutual agreement of the Parties, repeating as necessary until a proposed Rare Disease Target is Available and Novartis triggers the Additional Target Option, or Novartis fails to timely nominate a Rare Disease Target; provided, however, that if for a given Additional Target Option no Rare Disease Target proposed by Novartis has been determined to be Available within [**] of the expiry of the Additional Target Option Period, then the Executive Officers shall meet to negotiate in good faith a methodology whereby a concurrence between the Rare Disease Targets of interest to Novartis and the Rare Disease Targets Available from Voyager may be determined. For the avoidance of doubt, the nomination process described in this Section 2.2.3 shall occur on a per Additional Target Option basis, and so the triggering of a one Additional Target Option does not foreclose the possibility of the process continuing for a second Additional Target Option.
