Special Provisions Relating to Loans. 20 (a) Unavailability of Funds or Inadequacy of Pricing... 20 (b) Change in Laws..................................... 21 (c) Increased Cost or Reduced Return................... 21 (d) Discretion of Lender as to Manner of Funding....... 23 (e) Breakage Fees...................................... 23 6.
Special Provisions Relating to Loans. (a) Unavailability of Funds or Inadequacy of Pricing. In the event that, in connection with any proposed LIBOR Loan, the Agent reasonably determines, which determination shall, absent manifest error, be final, conclusive and binding upon all parties, due to changes in circumstances since the date hereof, adequate and fair means do not exist for determining the LIBOR Rate or such rate will not accurately reflect the costs to the Banks of funding LIBOR Loans for such Interest Period, the Agent shall give notice of such determination to the Borrowers and the Banks, whereupon, until the Agent notifies the Borrowers and the Banks that the circumstances giving rise to such suspension no longer exist, the obligations of the Banks to make, continue, or convert Loans into LIBOR Loans shall be suspended, and all loans to Borrowers shall be Base Rate Loans during the period of suspension.
Special Provisions Relating to Loans. (a) UNAVAILABILITY OF FUNDS OR INADEQUACY OF PRICING. In the event that, in connection with any proposed Eurodollar Loan, the Administrative Agent determines, which determination shall, absent manifest error, be final, conclusive and binding upon all parties, due to changes in circumstances since the date hereof, adequate and fair means do not exist for determining the Eurodollar Rate or such rate will not accurately reflect the costs to the Lenders of funding Eurodollar Loan for such Eurodollar Interest Period, the Administrative Agent shall give notice of such determination to the Borrower and the Lenders, whereupon, until the Administrative Agent notifies the Borrower and the Lenders that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders to make, continue or convert a Loan into a Eurodollar Loan shall be suspended, and all loans to Borrower shall be Base Rate Loans during the period of suspension.
Special Provisions Relating to Loans. 19 (a) Unavailability of Funds or Inadequacy of Pricing.... 19 (b)
Special Provisions Relating to Loans. (a) Unavailability of Funds or Inadequacy of Pricing. In the event that, in connection with any proposed Loan, any Bank (i) shall have determined that U.S. Dollar deposits of the relevant amount and for the relevant Eurodollar Interest Period for Loans are not available to such Bank in the London interbank market; or (ii) in good faith determines that the Eurodollar Interest Rate or the Euro-Canadian Interest Rate will not adequately reflect the cost to such Bank of maintaining or funding the Eurodollar Loans or the Euro-Canadian Loans (as the case may be) for such Interest Period, the obligations of the Banks to make the Eurodollar Loans or the Euro-Canadian Loans, as the case may be, shall be suspended until such time such Bank in its sole discretion reasonably exercised determines that the event resulting in such suspension has ceased to exist. If any Bank shall make such determination it shall promptly notify the Agent in writing, Agent shall promptly notify Borrower in writing, and Borrower shall either repay the outstanding Eurodollar Loans or Euro-Canadian Loans, as the case may be, owed to such Bank, without penalty, on the last day of the current Interest Period or convert the same to Base Rate Loans in the case of Eurodollar Loans or Euro-Canadian Loans on the last day of the then current Interest Period for such Eurodollar Loan or Euro-Canadian Loan.
Special Provisions Relating to Loans. (a) Unavailability of Funds or Inadequacy of Pricing. In the event that, in connection with any proposed BA Rate Loan, the Agent reasonably determines, which determination shall, absent manifest error, be final, conclusive and binding upon all parties, due to changes in circumstances since the date hereof, adequate and fair means do not exist for determining the BA Rate or such rate will not accurately reflect the costs to the Lenders of funding BA Rate Loan for such Interest Period, the Agent shall give notice of such determination to the Borrower and the Lenders, whereupon, until the Agent notifies the Borrower and the Lenders that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders to make, continue or convert Loan into BA Rate Loan shall be suspended, and all loans to Borrower shall be Prime Rate Loans during the period of suspension.
Special Provisions Relating to Loans. 19 (a) Unavailability of Funds or Inadequacy of Pricing.........19 (b)
Special Provisions Relating to Loans. (a) Unavailability of Funds or Inadequacy of Pricing. In the event that, in connection with any proposed LIBOR Loan, the Agent reasonably determines, which determination shall, absent manifest error, be final, conclusive and binding upon all parties, due to changes in circumstances since the date hereof, adequate and fair means do not exist for determining the LIBOR Rate or such rate will not accurately reflect the costs to the Lenders of funding a LIBOR Loan for such Interest Period, the Agent shall give notice of such determination to Borrower and the Lenders, whereupon, until the Agent notifies Borrower and the Lenders that the circumstances giving rise to such suspension no longer exist, the obligations of the Lenders to make, continue or convert Loans into a LIBOR Loan shall be suspended, and all Loans to Borrower shall be Base Rate Loans during the period of suspension. -19- (b) Change in Laws. If at any time any new law or any change in existing laws or in the interpretation of any new or existing laws shall make it unlawful for any Lender to make or continue to maintain or fund LIBOR Loans hereunder, then such Lender shall promptly notify Borrower in writing and such Lender's obligation to make, continue or convert Loans into LIBOR Loans under this Agreement shall be suspended until it is no longer unlawful for such Lender to make or maintain LIBOR Loans. Upon receipt of such notice, Borrower shall either repay the outstanding LIBOR Loans owed to such Lender, without penalty, on the last day of the current Interest Periods (or, if any Lender may not lawfully continue to maintain and fund such LIBOR Loans, immediately), or Borrower may convert such LIBOR Loans at such appropriate time to Base Rate Loans. (c)
Special Provisions Relating to Loans. 20 (a) Unavailability of Funds or Inadequacy of Pricing . . . . . . . . . . . . 20 (b) Change in Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 (c) Increased Cost or Reduced Return . . . . . . . . . . . . . . . . . . . . 21 (d) Discretion of Lender as to Manner of Funding . . . . . . . . . . . . . . 23 (e) Breakage Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Special Provisions Relating to Loans
