Common use of Limitation of Requests and Elections Clause in Contracts

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Loan, pursuant to Section 2.3, or a request for a continuation of a Loan as a Loan of the then existing type pursuant to Section 2.4, or conversion of a Loan to a Loan of a different type pursuant to Section 2.4, (a) in the case of any Eurodollar Loan, deposits in Dollars for periods comparable to the Interest Period elected by the Company are not available to the Bank in the relevant interbank or secondary market or otherwise, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to the Bank of making or maintaining the related Eurodollar Loan, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by the Bank with any request or directive of that authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for the Bank (i) to make the relevant Loan or (ii) to continue such Loan as a Loan of the then existing type or (iii) to convert a Loan, then the Company shall not be entitled, so long as such circumstances continue, to request a Loan of the affected type pursuant to Section 2.3 or a continuation of or conversion to a Loan of the affected type pursuant to Section 2.4. In the event that such circumstances no longer exist, the Bank shall again consider requests for continuations of and conversions to Loans of the affected type pursuant to Section 2.4.

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Loan, Fixed Rate Loan pursuant to Section 2.33.1, or a request for a continuation of a Fixed Rate Loan as a Fixed Rate Loan of the then existing type Type pursuant to Section 2.43.5, or conversion of a Loan to a Fixed Rate Loan of a different type pursuant to Section 2.43.5 or Section 3.7(d), (a) in the case of any Eurodollar Fixed Rate Loan, deposits in Dollars the relevant Agreed Currency for periods comparable to the Interest Period elected by the Company Borrowers are not available to the any Bank in the relevant interbank inter-bank or secondary market or otherwisemarket, or (b) the Eurodollar LIBOR Rate will not adequately and fairly reflect the cost to the any Bank of making or maintaining the related Eurodollar Fixed Rate Loan, as the case may be, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by the any Bank with any request or directive of that such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for the any Bank (i) to make the relevant Fixed Rate Loan or (ii) to continue such Fixed Rate Loan as a Fixed Rate Loan of the then existing type Type or (iii) to convert a Loan to such a Fixed Rate Loan, then the Company Borrowers shall not be entitled, so long as such circumstances continue, to request a Fixed Rate Loan of the affected type Type pursuant to Section 2.3 3.1 or a continuation of or conversion to a Fixed Rate Loan of the affected type Type pursuant to Section 2.43.5 or Section 3.7(d). In the event that such circumstances no longer exist, the Bank Banks shall again consider requests for Fixed Rate Loans of the affected Type pursuant to Section 3.1, and requests for continuations of and conversions to Fixed Rate Loans of the affected type Type pursuant to Section 2.43.5 and Section 3.7(d).

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Loan, Rate Loan pursuant to Section 2.33.1, or a request for a continuation of a Loan as a Loan of the then existing type pursuant to Section 2.4, or conversion of a Loan Eurodollar Rate Loan, or a portion thereof, as a Eurodollar Rate Loan, or a request for a conversion of a Prime Rate Loan, or a portion thereof, to a Eurodollar Rate Loan of a different type pursuant to Section 2.43.4, (a) in the case of any Eurodollar Rate Loan, deposits in Dollars for periods comparable to the Interest Period elected by the Company are not available to the Bank any Lender in the relevant London interbank or secondary market or otherwisemarket, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to the Bank any Lender of making making, funding, or maintaining the related Eurodollar Rate Loan, or (c) by reason of national or international financial, political political, or economic conditions or by reason of any applicable law, treaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by the Bank any Lender with any guideline, request or directive of that such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for the Bank any Lender (i) to make or fund the relevant Loan Eurodollar Rate Loan, or (ii) to continue or convert such Loan Eurodollar Rate Loan, or a portion thereof, as a Loan of the then existing type Eurodollar Rate Loan, or (iii) to convert a Prime Rate Loan, or a portion thereof, to a Eurodollar Rate Loan, then the Company shall not be entitled, so long as such circumstances continue, to request a Loan of the affected type pursuant to Section 2.3 3.1 or a continuation of or conversion to a Loan of the affected type pursuant to Section 2.43.4. In the event that such circumstances no longer exist, the Bank Lenders shall again consider requests for Loans of the affected type pursuant to Section 3.1, and requests for continuations of and conversions to Loans of the affected type pursuant to Section 2.43.4.

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Loan, Rate Loan pursuant to Section 2.33.1(a), or a request for a continuation of a Eurodollar Rate Loan, or a request for a conversion of a Floating Rate Loan as to a Loan of the then existing type Eurodollar Rate Loan, pursuant to Section 2.4, or conversion of a Loan to a Loan of a different type pursuant to Section 2.43.5, (a) in the case of any Eurodollar Rate Loan, deposits in Dollars for periods comparable to the Eurodollar Interest Period elected by the Company are not available to the Bank NBD in the relevant London interbank or secondary market or otherwisemarket, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to the Bank NBD of making making, funding or maintaining the related Eurodollar Rate Loan, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treatytreaty or other international agreement, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by the Bank with any guideline, request or directive of that such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for for, or shall limit or impair the Bank (i) ability of, NBD to make or fund the relevant Loan or (ii) to continue such Loan as or to convert a Loan of the then existing type or (iii) to convert such a Loan, then the Company shall not be entitled, so long as such circumstances continue, to request a Loan of the affected type pursuant to Section 2.3 3.1(a) or a continuation of or conversion to a Loan of the affected type pursuant to Section 2.43.5. In the event that such circumstances no longer exist, the Bank NBD shall again consider requests for Loans of the affected type pursuant to Section 3.1(a), and requests for continuations of and conversions to Loans of the affected type pursuant to Section 2.43.5.

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Loan, Fixed Rate Loan pursuant to Section 2.33.1, or a request for a continuation of a Fixed Rate Loan as a Fixed Rate Loan of the then existing type Type pursuant to Section 2.43.5, or conversion of a Loan to a Fixed Rate Loan of a different type pursuant to Section 2.43.5 or Section 3.7(d), (a) in the case of any Eurodollar Fixed Rate Loan, deposits in Dollars the relevant Agreed Currency for periods comparable to the Interest Period elected by the Company Borrowers are not available to the any Bank in the relevant interbank inter-bank or secondary market or otherwisemarket, or (b) the Eurodollar LIBOR Rate will not adequately and fairly reflect the cost to the any Bank of making or maintaining the related Eurodollar Fixed Rate Loan, as the case may be, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by the any Bank with any request or directive of that such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for the any Bank (i) to make the relevant Fixed Rate Loan or (ii) to continue such Fixed Rate Loan as a Fixed Rate Loan of the then existing type Type or (iii) to convert a Loan to such a Fixed Rate Loan, then the Company Borrowers shall not be entitled, so long as such circumstances continue, to request a Fixed Rate Loan of the affected type Type pursuant to Section 2.3 3.1 or a continuation of or conversion to a Fixed Rate Loan of the affected type Type pursuant to Section 2.43.5 or Section 23 3.7(d). In the event that such circumstances no longer exist, the Bank Banks shall again consider requests for Fixed Rate Loans of the affected Type pursuant to Section 3.1, and requests for continuations of and conversions to Fixed Rate Loans of the affected type Type pursuant to Section 2.43.5 and Section 3.7(d).