Yield Protection and Illegality. 49 Section 4.1
Yield Protection and Illegality. (a) The Borrower shall be obligated to pay to the Lenders all Breakage Costs.
(b) If any Lender determines that any Law has made it unlawful, or that any Governmental Authority has asserted that it is unlawful, for such Lender or its Lending Office to make, maintain or fund Loans whose interest is determined by reference to the Eurodollar Rate, or to determine or charge interest rates based upon the Eurodollar Rate, or any Governmental Authority has imposed material restrictions on the authority of such Lender to purchase or sell, or to take deposits of, Dollars in the London interbank market, then, on notice thereof by such Lender to the Borrower, (i) any obligation of such Lender to make or continue Eurodollar Rate Loans or to convert Base Rate Loans to Eurodollar Rate Loans shall be suspended, and (ii) if such notice asserts the illegality of such Lender making or maintaining Base Rate Loans the interest rate on which is determined by reference to the Eurodollar Rate component of the Base Rate, the interest rate on which Base Rate Loans of such Lender shall, if necessary to avoid such illegality, be determined by such Lender without reference to the Eurodollar Rate component of the Base Rate, in each case until such Lender notifies the Borrower that the circumstances giving rise to such determination no longer exist. Upon receipt of such notice, (A) the Borrower shall, upon demand from such Lender (with a copy to the Administrative Agent), prepay or, at Borrower’s option, convert all Eurodollar Rate Loans of such Lender to a Base Rate Loan (the interest rate on which Base Rate Loan shall, if necessary to avoid such illegality, be determined by such Lender without reference to the Eurodollar Rate component of the Base Rate), either on the last day of the Interest Period therefor, if such Lender may lawfully continue to maintain such Eurodollar Rate Loans to such day, or immediately, if such Lender may not lawfully continue to maintain such Eurodollar Rate Loans and (B) if such notice asserts the illegality of such Lender determining or charging interest rates based upon the Eurodollar Rate, such Lender shall during the period of such suspension compute the Base Rate without reference to the Eurodollar Rate component thereof until such Lender determines that it is no longer illegal for such Lender to determine or charge interest rates based upon the Eurodollar Rate. Upon any such prepayment or conversion, the Borrower shall also pay accrued interest on th...
Yield Protection and Illegality. Section 5.01Basis for Determining Yield Rate Inadequate or Unfair
Section 5. 02Illegality
Yield Protection and Illegality. Section 5.01 Basis for Determining Yield Rate Inadequate or Unfair................................... Section 5.02 Illegality.............................................................................. Section 5.03 Increased Cost and Reduced Return....................................................... Section 5.04 Base Rate Substituted for Adjusted LIBO Rate............................................ Section 5.05 Compensation............................................................................ Section 5.06 Payments and Computations...............................................................
Yield Protection and Illegality. Section 4.1 Increased Cost and Reduced Return......................14 Section 4.2 Limitation on Types of Loans...........................15 Section 4.3 Illegality.............................................15 Section 4.4
Yield Protection and Illegality. 34 TABLE OF CONTENTS (Continued)
Yield Protection and Illegality. Section 4.1 Additional Costs........................................................................
Yield Protection and Illegality. 4.01 Increased Cost and Reduced Return. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 4.02 Limitation on Types of Loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 4.03 Illegality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 4.04
Yield Protection and Illegality. (a) Basis for Determining Interest Rate Inadequate or Unfair. If on or prior to the first day of any Rental Period with respect to any Basic Rent which is determined on the basis of the Adjusted LIBO Rate:
(i) the Lessor determines that deposits in Dollars (in the applicable amounts), are not being offered in the relevant market for such Rental Period, or
(ii) the Lessor determines and gives notice to the Lessee that, as a result of conditions in or generally affecting the London interbank eurodollar market, the rates or yield for Basic Rent, determined on the basis of the LIBO Rate for any Rental Period will not adequately and fairly reflect the cost to the Lessor of making, funding or maintaining the Advances of Facility Cost giving rise to such Basic Rent for such Rental Period, the Lessor shall forthwith so notify the Lessee, whereupon,
(1) the Basic Rent for such Rental Period shall be determined on the basis of the Base Rate
(2) the obligation of the Lessor to make an Advance of any Facility Cost having Basic Rent or to continue to accrue Basic Rent based on the
Yield Protection and Illegality. Section 4.1 Additional Costs.
(i) changes the basis of taxation of any amounts payable to such Bank under this Agreement or the Note in respect of any of such Advances (other than taxes imposed on the overall net income of such Bank or its Applicable Lending Office for any of such Advances by the jurisdiction in which such Bank has its principal office or such Applicable Lending Office);
(ii) imposes or modifies any reserve, special deposit, minimum capital, capital ratio, or similar requirement relating to any extensions of credit or other assets of, or any deposits with or other liabilities or commitments of, such Bank (including any of such Advances or any deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 hereof); or
(iii) imposes any other condition affecting this Agreement or the Note or any of such extensions of credit, liabilities or commitments. A Bank will notify Parent (with a copy to Agent) of any event occurring after the date of this Agreement which will entitle such Bank to compensation pursuant to this Section 4.1 (a) as promptly as practicable after it obtains knowledge thereof and determines to request such compensation, and will designate a different Applicable Lending Office for the Advances affected by such event if such designation will avoid the need for, or reduce the amount of, such compensation and will not, in the sole opinion of such Bank, violate any law, rule, or regulation or be in any way disadvantageous to such Bank. A Bank will furnish Parent with a certificate setting forth the basis and the amount of each of its requests for compensation under this Section 4.1(a). If a Bank requests compensation from Parent under this Section 4.1(a), Parent may, by notice to such Bank (with a copy to Agent) suspend the obligation of such Bank to make additional Advances of the Type with respect to which such compensation is requested until the Regulatory Change giving rise to such request ceases to be in effect (in which case the provisions of Section 4.4 shall be applicable).
