OPTIONAL CURRENCY AVAILABILITY Sample Clauses
OPTIONAL CURRENCY AVAILABILITY. If a Borrower requests a Drawing denominated in the Optional Currency under the Revolving Facility and, before 10:00 am on the Rate Fixing Day for that Drawing, the Facility Agent receives notice from a Lender (an "AFFECTED LENDER") that:
(a) the Optional Currency is not readily available to it in the amount required; or
(b) compliance with its obligation to participate in a Drawing in the Optional Currency would contravene a law or regulation applicable to that Affected Lender, then:
(i) the Facility Agent will notify the relevant Borrower to that effect by 12.00 am (noon) on that Rate Fixing Day;
(ii) following any such notification the relevant Borrower may notify the Facility Agent by 2.00 pm on that Rate Fixing Day that it no longer requires that Drawing to be made;
(iii) if the Facility Agent does not receive notification under clause 5.11(b)(ii), the relevant Borrower and the Facility Agent shall agree to adjust the amount of the Drawing to exclude the participation of the Affected Lender; and
(iv) in the case of a Drawing by way of Advance, the Affected Lender shall make a separate Revolving Advance in Euro in an amount equal to the Euro Equivalent of the Affected Lender's proposed participation in the Advance requested.
OPTIONAL CURRENCY AVAILABILITY. If the Borrower requests the Drawing denominated in an Optional Currency under the Facility and, before 10.00 am on the Rate Fixing Day for the Drawing, the Mezzanine Facility Agent receives notice from a Mezzanine Lender (an "Affected Mezzanine Lender") that:
(a) the Optional Currency requested is not readily available to it in the amount required; or
(b) compliance with its obligation to participate in the Drawing in the Optional Currency requested would contravene a law or regulation applicable to that Affected Mezzanine Lender, then:
(i) the Mezzanine Facility Agent will notify the Borrower to that effect by 12.00 am (noon) on that Rate Fixing Day;
(ii) following any such notification the Borrower may notify the Mezzanine Facility Agent by 2.00pm on that Rate Fixing Day that it no longer requires the Drawing to be made;
(iii) if the Mezzanine Facility Agent does not receive notification under clause 5.7(b)(ii), the Borrower and the Mezzanine Facility Agent shall agree to adjust the amount of the Drawing to exclude the participation of the Affected Mezzanine Lender; and
(iv) the Affected Mezzanine Lender shall make a separate advance in Dollars in an amount equal to the Dollar Equivalent of the Affected Mezzanine Lender's proposed participation in the Advance.