Common use of Deposits Unavailable Clause in Contracts

Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (ii) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 6 contracts

Samples: Credit Agreement (Charles River Laboratories Inc), Credit Agreement (Charles River Laboratories International Inc), Credit Agreement (Decisionone Corp /De)

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Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section Sections 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 6 contracts

Samples: Credit Agreement (Duane Reade Realty Inc), Credit Agreement (Dri I Inc), Credit Agreement (Dri I Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, ; or (iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 3 contracts

Samples: First Lien Credit Agreement (Standard Register Co), Lien Credit Agreement (Standard Register Co), Credit Agreement (Standard Register Co)

Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (ii) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Term Loans as, or to convert any Term Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 3 contracts

Samples: Term Loan Agreement (WHX Corp), Term Loan Agreement (Pioneer East Inc), Term Loan Agreement (Pci Carolina Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, ; or (iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.. Credit Agreement (First Lien)

Appears in 2 contracts

Samples: Lien Credit Agreement (Energy XXI Texas, LP), Lien Credit Agreement (Energy Xxi (Bermuda) LTD)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent Lenders in its their relevant market, markets; or (iib) by reason of circumstances affecting the Administrative AgentBofA's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 2 contracts

Samples: Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, ; or (iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 2 contracts

Samples: Credit Agreement (Energy Xxi (Bermuda) LTD), Credit Agreement (Energy Xxi (Bermuda) LTD)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, ; or (iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Energy Xxi (Bermuda) LTD)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (iib) by reason of circumstances affecting the Administrative Agent's ’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Advanstar Communications Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, ; or (iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: First Lien Credit Agreement (Milagro Oil & Gas, Inc.)

Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (ii) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Term Loans as, or to convert any Term Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Term Loan Agreement (Wheeling Pittsburgh Corp /De/)

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Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, market or (ii) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the applicable Lenders, the obligations of all such Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the applicable Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Mitel Networks Corp)

Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, market or (ii) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 2.5 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent Lenders in its their relevant market, markets; or (iib) by reason of circumstances affecting the Administrative AgentBofA's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTIONS 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Duane Reade Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (ii) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Security Agreement (Wilson Greatbatch Technologies Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent Lenders in its their relevant market, markets; or (iib) by reason of circumstances affecting the Administrative Agent's BofA’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Advanstar Communications Inc)

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