Common use of Suspension of the LIBO Rate Clause in Contracts

Suspension of the LIBO Rate. If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such LIBO Rate are not available or (ii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at such LIBO Rate, then the Agent shall suspend the availability of such LIBO Rate and require Seller to select the Prime Rate for any Purchaser Interest accruing Yield at such LIBO Rate.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Timken Co), Receivables Purchase Agreement (Plexus Corp)

AutoNDA by SimpleDocs

Suspension of the LIBO Rate. If any Financial Institution notifies the its related Managing Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of at the Financial Institutions at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such LIBO Rate are not available or (ii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at such LIBO Rate, then such Managing Agent shall notify the Agent and shall suspend the availability of such LIBO Rate and require Seller to select the Prime Rate plus 1.25% per annum as the Discount Rate for any Purchaser Interest accruing Yield at such LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Timken Co)

Suspension of the LIBO Rate. If any Financial Institution Committed Purchaser notifies the Agent that it has determined that funding its Pro Rata Share of the any Committed Purchaser Interests of the Financial Institutions Investment at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match match-fund its Purchaser Interests investment at such LIBO Rate are not available or (ii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a its Committed Purchaser Interest Investment at such LIBO Rate, then the Agent shall suspend the availability of such LIBO Rate as to such Committed Purchaser and require Seller to select the Prime Alternate Base Rate for any Committed Purchaser Interest Investment of such Committed Purchaser accruing Yield at such LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Wolverine Tube Inc)

Suspension of the LIBO Rate. If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such LIBO Rate are not available or (ii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at such LIBO Rate, then the Agent shall suspend the availability of such LIBO Rate and require Seller to select the Prime Rate for any Purchaser Interest accruing Financial Institution Yield at such LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Patterson Dental Co)

Suspension of the LIBO Rate. If any Financial Institution notifies the Agent that it has determined that (i) funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (iii) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such LIBO Rate are not available or (iiiii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at such LIBO RateRate for such Financial Institution, then the Agent shall suspend the availability of such LIBO Rate for such Financial Institution and require Seller to select the Prime Rate for any Purchaser Interest accruing Yield at such LIBO RateRate for such Financial Institution.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Navistar Financial Corp)

Suspension of the LIBO Rate. (a) If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such LIBO Rate are not available or (ii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at such LIBO Rate, then the Agent shall suspend the availability of such LIBO Rate and require Seller to select the Prime Base Rate for any Purchaser Interest accruing Yield at such LIBO Rate.

Appears in 1 contract

Samples: Annual Report

Suspension of the LIBO Rate. If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such LIBO Rate are not available or (ii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining maintain ing a Purchaser Interest at such LIBO Rate, then the Agent shall suspend the availability of such LIBO Rate and require Seller to select the Prime Rate for any Purchaser Interest accruing Yield at such LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Interface Inc)

AutoNDA by SimpleDocs

Suspension of the LIBO Rate. If any Financial Institution notifies the its related Managing Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such LIBO Rate are not available or (ii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at such LIBO Rate, then such Managing Agent shall notify the Agent and shall suspend the availability of such LIBO Rate and require Seller to select the Prime Rate plus 1.25% per annum as the Discount Rate for any Purchaser Interest accruing Yield at such LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Timken Co)

Suspension of the LIBO Rate. If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such LIBO Rate are not available or (ii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at such LIBO Rate, then the Agent shall suspend the availability of such LIBO Rate and require Seller to select the Prime Base Rate for any Purchaser Interest accruing Yield at such LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Navistar Financial Retail Receivables Corporation)

Suspension of the LIBO Rate. If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions at a the LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such the LIBO Rate are not available or (ii) such the LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at such the LIBO Rate, then the Agent shall suspend the availability of such the LIBO Rate and require Seller to select the Prime Rate for any Purchaser Interest accruing Yield at such the LIBO Rate, and the then current Tranche Period for such Purchaser Interest shall thereupon be terminated.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Puget Sound Energy Inc)

Suspension of the LIBO Rate. If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions at a LIBO Rate would violate any applicable law, rule, regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at such LIBO Rate are not available or (ii) such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at such LIBO Rate, then the Agent shall suspend the availability of such LIBO Rate for such Financial Institution and require Seller to select the Prime Rate for any Purchaser Interest accruing Yield at such LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Cott Corp /Cn/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!