Common use of Unavailability of a currency Clause in Contracts

Unavailability of a currency. If before the Specified Time on any Quotation Day: (a) a Lender notifies the Agent that the Optional Currency requested is not readily available to it in the amount required; or (b) a Lender notifies the Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Agent will give notice to the relevant Borrower and the Company to that effect by the Specified Time on that day. In this event, any Lender that gives notice pursuant to this Clause 14.2 will be required to participate in the Loan in the Base Currency (in an amount equal to that Lender’s proportion of the Base Currency Amount or, in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount of the Rollover Loan that is due to be made) and its participation will be treated as a separate Loan denominated in the Base Currency during that Interest Period, provided that: (i) any part of a Loan treated as a separate Loan under this Clause 14.2 will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time; and (ii) 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 Clause 14.2.

Unavailability of a currency. (a) If before the Specified Time on any Quotation Day: (ai) a Lender notifies the Facilities Agent that the Optional Currency requested is not readily available to it in the amount required; or (bii) a Lender notifies the Facilities Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Facilities Agent will give notice to the Company and the relevant Borrower promptly and the Company to that effect by in any event no later than the Specified Time on that day. In this event, any . (b) Any Lender that gives notice pursuant to this Clause 14.2 10.2(a) will be required to participate in the Loan in the Base Currency for the Tranche requested (in an amount equal to that Lender’s proportion of the Base Currency Amount for that Tranche or, in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount for that Tranche of the Rollover Loan that is due to be made) and its participation will be treated as a separate Loan denominated in the Base Currency for that Tranche during that Interest Period, provided that:. (ic) any Any part of a Loan treated as a separate Loan under this Clause 14.2 10.2 will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time; and. (iid) a 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 Clause 14.210.2.

Unavailability of a currency. (a) If before the Specified Time on any Quotation Day: (ai) a Lender notifies the Facilities Agent that the Optional Currency requested is not readily available to it in the amount required; or (bii) a Lender notifies the Facilities Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Facilities Agent will give notice to the Company and the relevant Borrower promptly and the Company to that effect by in any event no later than the Specified Time on that day. In this event, any . (b) Any Lender that gives notice pursuant to this Clause 14.2 paragraph (a) above will be required to participate in the Loan in the Base Currency for the Tranche requested (in an amount equal to that Lender’s proportion of the Base Currency Amount for that Tranche or, in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount for that Tranche of the Rollover Loan that is due to be made) and its participation will be treated as a separate Loan denominated in the Base Currency for that Tranche during that Interest Period, provided that:. (ic) any Any part of a Loan treated as a separate Loan under this Clause 14.2 11.2 will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time; and. (iid) a 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 Clause 14.211.2.

Unavailability of a currency. (a) If before the Specified Time on any Quotation Day: (ai) a Lender notifies the Agent that the Optional Currency requested is not readily available to it in the amount required; or (bii) a Lender notifies the Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Agent will give notice to the relevant Borrower and (or the Company Parent on its behalf) to that effect by the Specified Time on that day. In this event, any Lender that gives notice pursuant to this Clause 14.2 8.2 will be required to participate in the Loan in the Base Currency (in an amount equal to that Lender’s proportion of the Base Currency Amount orAmount, or in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount of the Rollover Loan that is due to be made) and its participation will be treated as a separate Loan denominated in the Base Currency during that Interest Period, provided that:. (ib) any Any part of a Loan treated as a separate Loan under this Clause 14.2 8.2 will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time; and. (iic) a A Loan will still be treated as a Rollover Loan such if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this Clause 14.28.2.

Unavailability of a currency. (a) If before the Specified Time on any Quotation Day: (ai) a Lender Bank notifies the Agent that the Optional Currency requested is not readily available to it in the amount required; or (bii) a Lender Bank notifies the Agent that compliance with its obligation to participate in a Loan Utilisation in the proposed Optional Currency would contravene a law or regulation applicable to it, the Agent will give notice to the relevant Borrower and the Company to that effect by the Specified Time on that day. In this event, any Lender Bank that gives notice pursuant to this Clause 14.2 8.2 will be required to participate in the Loan Utilisation in the Base Currency (in an amount equal to that LenderBank’s proportion of the Base Currency Amount or, in respect of a Rollover Loan, Loan or Renewal Request an amount equal to that LenderBank’s proportion of the Base Currency Amount of the Rollover maturing Loan or Guarantee that is due to be made) and its participation will be treated as a separate Loan Utilisation denominated in the Base Currency during that Interest Period, provided that:Period or Guarantee Period as applicable. (ib) any part of If, following a Loan treated as claim under Clause 7.4(b) (Indemnities), a separate Loan under this Clause 14.2 will not be taken into account for Bank is unable to indemnify the purposes of any limit on the number of Loans or currencies outstanding at any one time; and (ii) a Loan will still be treated as a Rollover Loan if it is not denominated Issuing Bank in the same currency as relevant Optional Currency, that Bank may discharge its obligation to indemnify the maturing Loan Issuing Bank in the Base Currency (provided that the rate of exchange is approved by reason only of the operation of this Clause 14.2Issuing Bank (acting reasonably)).