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.
Appears in 2 contracts
Samples: Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)
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 US Dollars or an Additional Currency (as applicable) 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 US Dollars or an Additional Currency (as applicable) might contravene any law or regulation, the Facility Agent shall give notice to UPC Distribution Broadband and to the Lenders to that effect before 11.00 a.m. on that day. In this event:
(i) UPC Distribution Broadband and the Lenders may agree that the drawdown will not be made; or
(ii) in the absence of agreement:
(A) that Lender’s 's participation in the Advance (or, if more than one Lender is similarly affected, those Lender’s '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” 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.
Appears in 1 contract
Revocation of currency. If before 9.30 a.m. on any Rate Fixing Day, the Facility Agent receives notice from a Revolving Credit Lender that:
(a) it is impracticable for the Lender it to fund its participation in an Advance a Revolving Loan in the relevant Optional Currency during that Interest Period in the ordinary course of business in the London interbank market (or (in the case of euro) European Interbank Marketinterbank market as appropriate); 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 the Obligors’ Agent and to the Revolving Credit Lenders to that effect before 11.00 a.m. on that day. In this event:
(i) UPC Distribution the Obligors’ Agent and the Revolving Credit 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 Loan (or, if more than one Lender is similarly affected, those Lender’s Lenders’ participations in the AdvanceLoan) shall be treated as a separate Advance Loan denominated in euros (in the case of a Facility A Advance, Facility B Advance or Facility C1 Advance) or U.S. Dollars (in the case of a Facility C2 Advance) during the relevant Interest Period;
(B) in the definitions definition of “LIBOR” or, as applicable, “EURIBOR”, LIBOR (insofar as it applies to that AdvanceLoan) 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 (cb) of the relevant that definition shall apply.
Appears in 1 contract
Samples: Facilities Agreement (Autoliv Inc)
Revocation of currency. If before 9.30 a.m. (Paris time) on any Rate Fixing Day, the Facility Agent receives notice from a Lender Bank that:
(a) it is impracticable for the Lender Bank to fund its participation in an Advance the relevant Loan in the relevant Optional Currency during that its Interest Period in the ordinary course of business in the London or (in the case of euro) European Interbank Marketrelevant 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 the Borrower and to the Lenders Banks to that effect before 11.00 a.m. (Paris time) on that day. In this event:
(i) UPC Distribution the Borrower and the Lenders Banks may agree that the drawdown Loan will not be made; or
(ii) in the absence of agreementagreement and in any other case:
(A1) that LenderBank’s participation in the Advance Loan (or, if more than one Lender Bank is similarly affected, those Lender’s the aggregate of such Banks’ participations in the AdvanceLoan) shall be treated as a separate Advance Loan 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) Euro during the relevant Interest Periodinterest period;
(B2) in the definitions definition of “LIBOREURIBOR” or, as applicable, “EURIBOR”, (insofar as it applies to that AdvanceLoan) in Clause 1.1 (Definitions):
I. (A) there shall be substituted for the time “11.00 a.m.” the time “1.00 p.m.”; and
II. (B) paragraph (cb) of the relevant that definition shall apply. Without prejudice to the provisions of Clause 25.2 (Other indemnities), the Borrower shall forthwith on demand indemnify the Bank concerned against any loss or liability incurred by it as a consequence of the occurrence of any event referred to in, or the operation of, this Clause unless the Loan is not to be made or redenominated pursuant to sub-paragraphs (i) and (ii) above.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Facility Agreement (Schneider Electric Sa)
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 US Dollars or an Additional Currency (as applicable) 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 US Dollars or an Additional Currency (as applicable) might contravene any law or regulation, the Facility Agent shall give notice to UPC Distribution Broadband and to the Lenders to that effect before 11.00 a.m. on that day. In this event:
(i) UPC Distribution Broadband 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” LIBOR or, as applicable, “EURIBOR”, (insofar as it applies to that Advance) in Clause 1.1 8.1 (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.
Appears in 1 contract
Samples: Senior Secured Credit Facility (Liberty Global PLC)
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 US Dollars or an Additional Currency (as applicable) 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 US Dollars or an Additional Currency (as applicable) might contravene any law or regulation, the Facility Agent shall give notice to UPC Distribution Broadband and to the Lenders to that effect before 11.00 a.m. on that day. In this event:
(i) UPC Distribution Broadband 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” 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.
Appears in 1 contract
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 Broadband and to the Lenders to that effect before 11.00 a.m. on that day. In this event:
(i) UPC Distribution Broadband 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.
Appears in 1 contract
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 Broadband and to the Lenders to that effect before 11.00 a.m. on that day. In this event:
(i) UPC Distribution Broadband and the Lenders may agree that the drawdown will not be made; or
(ii) in the absence of agreement:
(A) that Lender’s 's participation in the Advance (or, if more than one Lender is similarly affected, those Lender’s '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.
Appears in 1 contract
Revocation of currency. If before 9.30 a.m. (London time) on any Rate Fixing DayDay , the Facility Agent receives notice from a Lender Bank (the "AFFECTED BANK") that:
(a) it is impracticable for the Lender affected Bank to fund its participation in an Advance the relevant Loan in the relevant Optional Currency during that the Interest Period for that loan in the ordinary course of business in the London or (in the case of euro) European Interbank Marketrelevant 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 the Obligors' Agent and to the Lenders Banks to that effect before 11.00 a.m. (London time) on that dayRate Fixing Day. In this event:
(i) UPC Distribution the Obligors' Agent and the Lenders Banks may agree that the drawdown will not be made; or
(ii) in the absence of agreementagreement prior to 12.00 noon (London time) on that date and in any other case:
(A1) that Lender’s the affected Bank's participation in the Advance Loan (or, if more than one Lender Bank is similarly affected, those Lender’s Banks' participations in the AdvanceLoan) shall be treated as a separate Advance Loan 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 PeriodEuros;
(B2) in the definitions definition of “LIBOR” or, as applicable, “"EURIBOR”, " (insofar as it applies to that AdvanceLoan) in Clause 1.1 (Definitions):
I. (A) there shall be substituted for the time “"11.00 a.m.” " the time “"1.00 p.m.”"; and
II. (B) paragraph (cb) of the relevant that definition shall apply.
Appears in 1 contract
Samples: Credit Agreement (Vivendi Universal)