Revocation of currency. (a) Notwithstanding any other term of this Agreement, if before 12.00 noon on any Rate Fixing Day the Facility Agent receives notice from a Lender that:
(i) the Optional Currency requested is not readily available to it in the relevant interbank market in the amount and for the period required; or
(ii) participating in a Loan in the proposed Optional Currency might contravene any law or regulation applicable to it, the Facility Agent must give notice to the relevant Borrower to that effect promptly and in any event before 1.00 p.m. on that day.
(b) In this event:
(i) that Lender must participate in the Loan in US Dollars; and
(ii) the share of that Lender in the Loan and any other similarly affected Lender(s) will be treated as a separate Loan denominated in US Dollars during that Term.
(c) Any part of a Loan treated as a separate Loan under this Subclause will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time.
(d) A Loan will still be treated as a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Subclause.
Revocation of currency. If before 9.30 a.m. on any Rate Fixing Day, the Facility Agent receives notice from a Lender that:
(a) it is impracticable for the Lender to fund its participation in an Advance in the relevant Optional Currency during that Interest Period in the ordinary course of business in the London or (in the case of euro) European Interbank Market; and/or
(b) the use of the proposed Optional Currency might contravene any law or regulation, the Facility Agent shall give notice to UPC Distribution and to the Lenders to that effect before 11.00 a.m. on that day. In this event:
(i) UPC Distribution and the Lenders may agree that the drawdown will not be made; or
(ii) in the absence of agreement:
(A) that Lender’s participation in the Advance (or, if more than one Lender is similarly affected, those Lender’s participations in the Advance) shall be treated as a separate Advance denominated in euros (in the case of a Facility A Advance, Facility B Advance or Facility C1 Advance) or Dollars (in the case of a Facility C2 Advance) during the relevant Interest Period;
(B) in the definitions of “LIBOR” or, as applicable, “EURIBOR”, (insofar as it applies to that Advance) in Clause 1.1 (Definitions):
I. there shall be substituted for the time “11.00 a.m.” the time “1.00 p.m.”; and
II. paragraph (c) of the relevant definition shall apply.
Revocation of currency. (a) Notwithstanding any other term of this Agreement, if before 9.30 a.m. on any Rate Fixing Day the Facility Agent receives notice from a Lender that:
(i) the Optional Currency requested is not readily available to it in the relevant interbank market in the amount and for the period required; or
(ii) participating in a Loan in the proposed Optional Currency might contravene any law or regulation applicable to it, the Facility Agent must give notice to the Company to that effect promptly and in any event before noon on that day.
(b) In this event:
(i) that Lender must participate in the Loan in euros; and
(ii) the share of that Lender in the Loan and any other similarly affected Lender(s) will be treated as a separate Loan denominated in euros during that Term.
(c) Any part of a Loan treated as a separate Loan under this Subclause will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time.
(d) A Loan will still be treated as a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Subclause.
Revocation of currency. (a) Notwithstanding any other term of this Agreement, if before 9.30 a.m. on any Rate Fixing Day the Facility Agent receives notice from a Lender that:
(i) the Optional Currency requested is not readily available to it in the relevant interbank market in the amount and for the period required; or
(ii) participating in a Loan in the proposed Optional Currency is reasonably likely in the opinion of that Lender to contravene any law or regulation applicable to it, the Facility Agent must give notice to the Company to that effect promptly and in any event before 11.00 a.m. on that day.
(b) In this event:
(i) that Lender must participate in the Credit in the Base Currency; and
(ii) the share of that Lender in the Credit and any other similarly affected Lender(s) will be treated as a separate Credit denominated in the Base Currency.
(c) Any part of a Credit treated as a separate Credit under this Subclause 9.4 will not be taken into account for the purposes of any limit on the number of Credits or currencies outstanding at any one time.
(d) A Credit will still be treated as a Rollover Credit if it is not denominated in the same currency as the maturing Revolving Credit Loan by reason only of the operation of this Subclause 9.4.
Revocation of currency. If the currency selected in accordance with Clause 5.2(b) (Completion of Requests) is an Optional Currency other than Sterling or U.S. Dollars, and, before 9.30 a.m. on any Rate Fixing Day relating to the start of any Term, the Agent receives notice from a Bank that:
(a) it is impossible for that Bank to fund its participation in the relevant Advance in the relevant Optional Currency during its Term in the ordinary course of business in the London interbank market; and/or
(b) the use of the proposed Optional Currency would contravene any law or regulation, the Agent shall give notice to the relevant Borrower to that effect before 11.00 a.m. on that day. In this event:
(i) the relevant Borrower and the Bank may agree that the Advance will not be made; or
(ii) in the absence of agreement:
(1) that Bank's participation in the Advance (or, if more than one Bank is similarly affected, those Banks' participations in the Advance) shall be treated as a separate Advance denominated in Sterling; and
(2) in the definition of "LIBOR" (insofar as it applies to that Advance) in Clause 1.1 (Definitions) there shall be substituted for the time "11.00 a.m." the time "1.00 p.m.". -------------------------------------------------------------------------------- --------------------------------------------------------------------------------
Revocation of currency. Notwithstanding Clause 8.1 (Availability of Optional Currencies) and without prejudice to Clause 17.2 (Market disruption) or Clause 11.1 (Illegality), if before the Specified Time on any Quotation Day, the Facility Agent receives notice from a Revolving Lender that:
8.3.1 the Optional Currency (other than sterling or euro) requested is not readily available to it in the amount required; or
8.3.2 compliance with its obligation to participate in the Revolving Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Facility Agent shall give notice to the relevant Borrower and to the Revolving Lenders to that effect before the Specified Time on that day. In this event, any Revolving Lender that gives notice pursuant to this Clause 8.3 (Revocation of currency) will be required to participate in the Revolving Loan in the Base Currency (in an amount equal to that Revolving Lender's proportion of the Base Currency Amount of the Loan that is due to be made) and its participation will be treated as a separate Revolving Loan denominated in the Base Currency during that Interest Period.
Revocation of currency. If, before 9.30 a.m. on any Rate Fixing Day for any Loan, the Agent receives notice from a Bank that:
(A) it is impracticable for the Bank to fund its participation in the relevant Loan in the relevant Optional Currency during its Term in the ordinary course of business in the London interbank market; and/or
(B) the use of the proposed Optional Currency might contravene any law or regulation, the Agent shall give notice to the Company and to the Banks to that effect before 11.00 a.m. on that day. In this event:
(i) the Company and the Banks may agree that the drawdown will not be made; or
(ii) in the absence of agreement, that Bank’s participation in the Loan (or, if more than one Bank is similarly affected, those Banks’ participations in the Loan) shall be treated as a separate Loan denominated in Sterling during the relevant Term.
Revocation of currency. If before 9.30 a.m. (London time in the case of a Utilisation in Dollars, Swiss Francs or Yen) on any Rate Fixing Day, the Facility Agent receives notice from a Lender that:
(a) it is impracticable for the Lender to fund its participation in the relevant Utilisation in the relevant Optional Currency during its Term in the ordinary course of business in the relevant interbank market; and/or
(b) the use of the proposed Optional Currency might contravene any law or regulation, the Facility Agent shall give notice to the Company and to the Lenders to that effect before 11.00 a.m. (London time in the case of a Loan in Dollars, Swiss Francs or Yen) on that day. In this event:
(i) the Company and the Lenders may agree that the drawdown will not be made; or
(ii) in the absence of agreement and in any other case in respect of a Loan only:
(A) that Lender’s participation in the Loan (or, if more than one Lender is similarly affected, those Lenders’ participations in the Loans) shall be treated as a separate Loan denominated in euro;
(B) in the definition of EURIBOR (insofar as it applies to that Loan) in Clause 1.1 (Definitions):
I. there shall be substituted for the time “11.00 a.m.” the time “1.00 p.m.”; and
II. paragraph (b) of that definition shall apply.
Revocation of currency. (a) Notwithstanding any other term of this Agreement, if before 9.30 a.m. on any Rate Fixing Day the Facility Agent receives notice from a Lender that:
(i) the Optional Currency requested is not readily available to it in the relevant interbank market in the amount and for the period required; or
(ii) participating in a Loan in the proposed Optional Currency might contravene any law or regulation applicable to it, the Facility Agent must give notice to the Borrower to that effect promptly and in any event before 11.00 a.m. on that day.
(b) In this event:
(i) that Lender must participate in the Loan in euros; and
(ii) the share of that Lender in the Loan and any other similarly affected Lender(s) will be treated as a separate Loan denominated in euros during that Interest Period.
Revocation of currency. (a) Notwithstanding any other term of this Agreement, if before 9.30 a.m. on any Rate Fixing Day the Facility Agent receives notice from a Lender that:
(i) the Optional Currency requested is not readily available to it in the relevant interbank market in the amount and for the period required; or
(ii) participating in a Loan in the proposed Optional Currency might contravene any law or regulation applicable to it, the Facility Agent must give notice to the Company to that effect promptly and in any event before 11.00 a.m. on that day. In this paragraph, the reference to an Optional Currency not being readily available includes a situation where a Lender cannot obtain Polish złoty for operational reasons.
(b) In this event:
(i) that Lender must participate in the Loan in euros; and
(ii) the share of that Lender in the Loan and any other similarly affected Lender(s) will be treated as a separate Loan denominated in euros during that Term.
(c) Any part of a Loan treated as a separate Loan under this Subclause will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time.
(d) A Loan will still be treated as a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Subclause.
