Suspension of the LIBO Rate. If any Purchaser notifies Agent that it has determined that funding its Pro Rata Share of the Aggregate Capital in respect of the Purchaser at 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 Capital at the LIBO Rate are not available or (ii) the LIBO Rate does not accurately reflect the cost of acquiring or maintaining any portion of the Asset Portfolio or Capital at the LIBO Rate, then Agent or such Purchaser, as applicable, shall suspend the availability of the LIBO Rate for such Purchaser and require Seller to select the Alternate Base Rate for any Capital funded by such Purchasers accruing Purchaser Yield at the LIBO Rate.
Appears in 4 contracts
Samples: Contract Purchase Agreement (Patterson Companies, Inc.), Contract Purchase Agreement (Patterson Companies, Inc.), Contract Purchase Agreement (Patterson Companies, Inc.)
Suspension of the LIBO Rate. If any Related Committed Purchaser or Liquidity Provider notifies the related Purchaser Agent that it has determined that funding its Pro Rata Share ratable share of the Aggregate Capital in respect of the Purchaser Bank Rate Fundings at the 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 Capital Bank Rate Funding at the such LIBO Rate are not available or (ii) the such LIBO Rate does not accurately reflect the cost of acquiring or maintaining any portion of the Asset Portfolio or Capital a Bank Rate Funding at the such LIBO Rate, then such Purchaser Agent or such Purchaser, as applicable, shall suspend the availability of the such LIBO Rate for such Purchaser and require Seller to select the Alternate Base Rate for any Capital funded by such Purchasers Bank Rate Funding accruing Purchaser Yield at the such LIBO Rate.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Amerisourcebergen Corp), Receivables Purchase Agreement (Amerisourcebergen Corp)
Suspension of the LIBO Rate. (a) If any Committed Purchaser notifies the relevant Agent and the Administrative Agent that it has determined that funding its Pro Rata Share of the Aggregate Capital in respect of the Committed Purchaser Interest at the a LIBO Rate would violate any applicable law, rule, regulation, 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 Capital Purchaser Interests at the such LIBO Rate are not available or (ii) the such LIBO Rate does not accurately reflect the cost of acquiring or maintaining any portion of the Asset Portfolio or Capital a Purchaser Interest at the such LIBO Rate, then the relevant Agent or such Purchaser, as applicable, shall suspend the availability of the such LIBO Rate for such Purchaser and require Seller to select the Alternate Base Rate for any Capital funded by such Purchasers Purchaser Interest accruing Purchaser Yield at the such LIBO Rate.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Energizer Holdings Inc)
Suspension of the LIBO Rate. If any Related Committed Purchaser or Liquidity Provider notifies the related Purchaser Agent that it has determined that funding its Pro Rata Share ratable share of the Aggregate Capital in respect of the Purchaser Bank Rate Fundings at the 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 Capital Bank Rate Funding at the such LIBO Rate are not available or (ii) the such LIBO Rate does not accurately reflect the cost of acquiring or maintaining any portion of the Asset Portfolio or Capital a Bank Rate Funding at the such LIBO Rate, then such Purchaser Agent or such Purchaser, as applicable, shall suspend the availability of the such LIBO Rate for such Purchaser and require Seller to select the Alternate Base Rate for any Capital funded by such Purchasers Bank Rate Funding accruing Purchaser Yield at the such LIBO RateRate.[Reserved].
Appears in 1 contract
Samples: Receivables Purchase Agreement (Amerisourcebergen Corp)