DOLLARS UNAVAILABLE Sample Clauses

DOLLARS UNAVAILABLE. Notwithstanding any other provision contained in this Agreement, if, at any time prior to the Commitment Termination Date, the relevant Issuer of a Non-Rata Letter of Credit denominated in Dollars determines that Dollars have ceased to be freely convertible into Canadian Dollars, then such Issuer may (in its sole discretion) at any time notify the relevant Borrower of the same. Such Borrower shall use reasonable efforts to cause the beneficiary of such Non-Rata Letter of Credit to accept a substitution for such Non-Rata Letter of Credit with another Non-Rata Letter of Credit denominated in Canadian Dollars.
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DOLLARS UNAVAILABLE. (a) If, prior to the date on which the Lender shall make any determination of the LIBO Rate for any Interest Period with respect to any Loan the Lender shall have determined that either:
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DOLLARS UNAVAILABLE. 20 4.2 INCREASED COSTS, ETC......................................................................21
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DOLLARS UNAVAILABLE. (a) If, prior to the date on which the Facility Agent shall make any determination of the LIBO Rate for any Interest Period with respect to any Loan, the Facility Agent shall have determined that either:
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DOLLARS UNAVAILABLE. Notwithstanding any other provision in this Agreement, if, at any time before the Commitment Termination Date, the Administrative Agent determines that Dollars have ceased to be freely convertible into Canadian Dollars, then the Administrative Agent may (in its sole discretion) at any time so notify the relevant Borrower and the Lenders of any Borrowing denominated in Dollars, and (b) the Commitments of the Lenders to make Pro-Rata Revolving Loans in Dollars shall be suspended unless and until the Administrative Agent determines that Dollars are once again freely convertible into Canadian Dollars. Promptly after receiving that notice (but not earlier than the last day of the applicable Interest Period, if any), the relevant Lenders shall convert that Borrowing into Canadian Dollars or any other currency as the Administrative Agent may have selected for which there is an active foreign exchange and deposit market in Toronto or New York City. The conversion shall be effected at the relevant spot rate at which Dollars are offered on the relevant day for Canadian Dollars (or that other selected currency) that appears on Telerate Page 261 at approximately 11:00 a.m. Toronto time (and if such spot rate is not available on Telerate Page 261 as of that time, the spot rate as quoted by Scotiabank in Toronto at approximately 11:00 a.m. Toronto time) or, if that spot rate shall not exist, such other rate of exchange as the Administrative Agent shall reasonably determine.
Sample 1
DOLLARS UNAVAILABLE. Notwithstanding any other provision contained in this Agreement, if, at any time before the Commitment Termination Date, the relevant Lender of a Non-Rata Revolving Loan denominated in Dollars determines that Dollars are no longer freely convertible into Canadian Dollars, then that Lender may (in its sole discretion) at any time notify the relevant Borrower of the same. Promptly after giving that notice that Lender shall convert that Non-Rata Revolving Loan into Canadian Dollars. The conversion shall be effected at the relevant spot rate at which Dollars are offered on that day for Canadian Dollars that appears on Telerate Page 261 at approximately 11:00 a.m. Toronto time (and if the spot rate is not available on Telerate Page 261 as of that time, the spot rate as quoted by Scotiabank in Toronto at approximately 11:00 a.m. Toronto time) or, if that spot rate shall not exist, such other rate of exchange as the relevant Lender shall reasonably determine.
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DOLLARS UNAVAILABLE. (a) If, at any time that the Administrative Agent shall be required to make any determination of the Fixed Rate for any relevant period in which the Loans are to be outstanding and it shall have determined or shall have been notified (for any reason whatsoever) that in the case of any Loans outstanding or to be outstanding during such period, either (x) Dollar certificates of deposit or Dollar deposits, as the case may be, in the relevant amount and for the relevant period are not available to the Lenders in the London interbank market, or (y) by reason of circumstances affecting the Lenders in the London interbank market, adequate means do not exist for ascertaining the interest rate applicable hereunder to such Loan, then the Administrative Agent shall promptly give telephonic notice of such determination confirmed in writing to the Borrower (which determination shall, in the absence of demonstrated error, be conclusive and binding on the Borrower).
Sample 1
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DOLLARS UNAVAILABLE. (a) If, prior to the date on which the Agent shall make any determination of LIBOR for any Interest Period with respect to any Loan, the Agent shall have determined that either:
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Related to DOLLARS UNAVAILABLE

  • Deposits Unavailable If the Administrative Agent shall have determined that

  • Benchmark Unavailability Period Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any pending request for a SOFR Borrowing of, conversion to or continuation of SOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

  • Conversion to Single Currency 31.1 For evaluation and comparison purposes, the currency(ies) of the Tender shall be converted in a single currency as specified in the TDS.

  • Unavailability of Tenor of Benchmark Notwithstanding anything to the contrary herein or in any other Loan Document, at any time (including in connection with the implementation of a Benchmark Replacement), (A) if the then-current Benchmark is a term rate (including the Term SOFR Reference Rate) and either (1) any tenor for such Benchmark is not displayed on a screen or other information service that publishes such rate from time to time as selected by the Administrative Agent in its reasonable discretion or (2) the regulatory supervisor for the administrator of such Xxxxxxxxx has provided a public statement or publication of information announcing that any tenor for such Benchmark is not or will not be representative, then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for any Benchmark settings at or after such time to remove such unavailable or non-representative tenor and (B) if a tenor that was removed pursuant to clause (A) above either (1) is subsequently displayed on a screen or information service for a Benchmark (including a Benchmark Replacement) or (2) is not, or is no longer, subject to an announcement that it is not or will not be representative for a Benchmark (including a Benchmark Replacement), then the Administrative Agent may modify the definition of “Interest Period” (or any similar or analogous definition) for all Benchmark settings at or after such time to reinstate such previously removed tenor.

  • Base Rate Loans Substituted for Affected Euro-Dollar Loans If (i) the obligation of any Bank to make Euro-Dollar Loans has been suspended pursuant to Section 8.2 or (ii) any Bank has demanded compensation under Section 8.3 or 8.4 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Business Days’ prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist:

  • Illegality or Impracticability of Eurodollar Rate Loans In the event that on any date any Lender shall have determined (which determination shall be final and conclusive and binding upon all parties hereto but shall be made only after consultation with Company and Administrative Agent) that the making, maintaining or continuation of its Eurodollar Rate Loans (i) has become unlawful as a result of compliance by such Lender in good faith with any law, treaty, governmental rule, regulation, guideline or order (or would conflict with any such treaty, governmental rule, regulation, guideline or order not having the force of law even though the failure to comply therewith would not be unlawful) or (ii) has become impracticable, or would cause such Lender material hardship, as a result of contingencies occurring after the date of this Agreement which materially and adversely affect the interbank Eurodollar market or the position of such Lender in that market, then, and in any such event, such Lender shall be an "Affected Lender" and it shall on that day give notice (by telefacsimile or by telephone confirmed in writing) to Company and Administrative Agent of such determination (which notice Administrative Agent shall promptly transmit to each other Lender). Thereafter (a) the obligation of the Affected Lender to make Loans as, or to convert Loans to, Eurodollar Rate Loans shall be suspended until such notice shall be withdrawn by the Affected Lender, (b) to the extent such determination by the Affected Lender relates to a Eurodollar Rate Loan then being requested by Company pursuant to a Notice of Borrowing or a Notice of Conversion/Continuation, the Affected Lender shall make such Loan as (or convert such Loan to, as the case may be) a Base Rate Loan, (c) the Affected Lender's obligation to maintain its outstanding Eurodollar Rate Loans (the "Affected Loans") shall be terminated at the earlier to occur of the expiration of the Interest Period then in effect with respect to the Affected Loans or when required by law, and (d) the Affected Loans shall automatically convert into Base Rate Loans on the date of such termination. Notwithstanding the foregoing, to the extent a determination by an Affected Lender as described above relates to a Eurodollar Rate Loan then being requested by Company pursuant to a Notice of Borrowing or a Notice of Conversion/Continuation, Company shall have the option, subject to the provisions of subsection 2.6D, to rescind such Notice of Borrowing or Notice of Conversion/Continuation as to all Lenders by giving notice (by telefacsimile or by telephone confirmed in writing) to Administrative Agent of such rescission on the date on which the Affected Lender gives notice of its determination as described above (which notice of rescission Administrative Agent shall promptly transmit to each other Lender). Except as provided in the immediately preceding sentence, nothing in this subsection 2.6C shall affect the obligation of any Lender other than an Affected Lender to make or maintain Loans as, or to convert Loans to, Eurodollar Rate Loans in accordance with the terms of this Agreement.

  • Base Rate Loans Substituted for Affected Fixed Rate Loans If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

  • Illegality; Increased Costs; Deposits Not Available If at any time any Lender shall have determined that:

  • Increased Costs Reserves on Eurocurrency Rate Loans (a) If any Change in Law shall:

  • Unavailability of Deposits or Inability to Ascertain, or Inadequacy of, LIBOR If on or prior to the first day of any Interest Period for any Borrowing of Eurodollar Loans:

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