Common use of Market Disruption Clause in Contracts

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan to be effected in any Alternative Currency, if (i) there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Currency specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Currency but shall, except as otherwise set forth in Section 2.06, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or the Required Lenders, as applicable, be practicable and in face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 3 contracts

Samples: Credit Agreement (Dole PLC), Credit Agreement (Dole PLC), Assignment and Assumption (Dole Food Co Inc)

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Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be, as ABR Loans, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Varian Semiconductor Equipment Associates Inc), Credit Agreement (Adc Telecommunications Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Borrowing to be effected in any Alternative Currency, if (i) there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Currency specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Currency but shall, except as otherwise set forth in Section 2.06, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or the Required Lenders, as applicable, be practicable and in face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Mylan Inc.), Revolving Credit Agreement (Mylan N.V.)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan to be effected Advance or Facility LC in any Alternative CurrencyAgreed Currency other than Dollars, if (i) there shall occur on or prior to the date of such Borrowing Advance or the date of issuance of such Facility LC any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which that would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency Letter of Credit) Agent or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit Loans comprising such Credit Event Advance or Facility LC to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculableBorrower, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency Letter of Credit, Borrower and the relevant Issuing BankLenders, and such Credit Events Loans or Facility LC shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.06, shall be made on the date of such Credit Event Borrowing Date in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request Notice or Interest Election RequestConversion/Continuation Notice, as the case may be, as Base Rate Loans, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request Notice or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or the Required Lenders, as applicable, be practicable and in face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of CreditConversion/Continuation Notice, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Cabelas Inc), Credit Agreement (Cabelas Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or relevant Borrower, (ii) the such currency is no longer an Eligible Currency or (iii) a Dollar Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event Borrowing is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Heidrick & Struggles International Inc), Credit Agreement (Heidrick & Struggles International Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Borrowing to be effected in any Alternative Currency, if (i) there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Currency specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Currency but shall, except as otherwise set forth in Section 2.06, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or the Required Lenders, as applicable, be practicable and in face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Dole Food Co Inc), Assignment and Assumption (Dole Food Co Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing BankBank at least (to the extent practicable) two Business Days prior to such Credit Event, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Lexmark International Inc /Ky/), Credit Agreement (Lexmark International Inc /Ky/)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Borrowing to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Revolving Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or and the Required Revolving Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Revolving Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Mylan Inc.), Credit Agreement (Mylan Inc.)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Credit Event Request or Interest Election Request, as the case may be, as ABR Loans, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before on such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Credit Event Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before on such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Apollo Group Inc), Credit Agreement (Apollo Group Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBank which has issued such Letter of Credit, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (ia) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank Banks (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (iib) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing BankBanks, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (ai) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to borrow on such date or (iiB) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (bii) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (iiB) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBanks, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Fuller H B Co)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Borrowing to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.06, shall be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Currency, as the case may be, Agreed Currency in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be be, or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, Agreed Currency in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Bea Systems Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) ), any Designated Lender or the Required Lenders make it impracticable for the applicable Eurocurrency EurocurrencyTerm SOFR Borrowings, Foreign Currency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or relevant Borrower, (ii) the such currency is no longer an Agreed Currency or (iii) a Dollar Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event Borrowing is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Heidrick & Struggles International Inc)

Market Disruption. Notwithstanding the satisfaction of all applicable conditions referred to in Article II and Article IV with respect to any Revolving Loan to be effected Advance or Facility LC in any Alternative CurrencyAgreed Currency other than Dollars, if (i) there shall occur on or prior to the date of such Borrowing Advance or the date of issuance of such Facility LC any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency Letter of Credit) Agent or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit Loans comprising such Credit Event Advance or Facility LC to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculablea Borrower, then the Administrative Agent shall forthwith give notice thereof to such Borrower, Borrower and the Lenders and, if such Credit Event is an Alternative Currency Letter of Credit, the relevant Issuing BankLenders, and such Credit Events Loans or Facility LC shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.06, shall be made on the date of such Credit Event Borrowing Date in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request Notice or Interest Election RequestConversion/Continuation Notice, as the case may be, as Base Rate Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date Borrowing Date (in the event that the Administrative Agent has given such notice to such Borrower no later than two Business Days prior to such Borrowing Date and otherwise as soon as practicable in the circumstances but in any case prior to the making of such Advance or issuance of such Facility LC) that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request Notice or Interest Election RequestConversion/Continuation Notice, as the case may be. Judgment Currency. If for the purposes of obtaining judgment in any court it is necessary to convert a sum due from any Borrower hereunder in the currency expressed to be or payable herein (bthe “specified currency”) if such Credit Event is an Alternative Currency Letter of Creditinto another currency, in a face amount equal the parties hereto agree, to the Dollar Equivalent fullest extent that they may effectively do so, that the rate of the face amount specified exchange used shall be that at which in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies accordance with normal banking procedures the Administrative Agent could purchase the specified currency with such other currency at least one (1) the Administrative Agent’s offices on the Business Day before such date preceding that (i) it elects not on which final, non-appealable judgment is given. The obligations of each Borrower in respect of any sum due to request any Lender or the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date Administrative Agent hereunder shall, notwithstanding any judgment in a different currency other than the specified currency, be discharged only to the extent that on the Business Day following receipt by such Lender or the Administrative Agent (as the case may be) of any sum adjudged to be so due in such other currency such Lender or the Administrative Agent (as the case may be) may in accordance with normal, reasonable banking procedures purchase the specified currency with such other currency. If the amount of the specified currency so purchased is less than the sum originally due to such Lender or the Administrative Agent, as the case may be, in which the denomination of specified currency, each Borrower agrees, to the fullest extent that it may effectively do so, as a separate obligation and notwithstanding any such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bankjudgment, to indemnify such Lender or the Administrative Agent or the Required Lenders, as applicable, be practicable and in face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of CreditAgent, as the case may be, against such loss, and if the amount of the specified currency so purchased exceeds (a) the sum originally due to any Lender or the Administrative Agent, as the case may be, in the specified currency and (b) any amounts shared with other Lenders as a result of allocations of such excess as a disproportionate payment to such Lender under Section 11.2, such Lender or the Administrative Agent, as the case may be, agrees to remit such excess to such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Polaris Industries Inc/Mn)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (ia) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (iib) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (ai) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to borrow on such date or (iiB) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (bii) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (iiB) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Assignment and Assumption (Fuller H B Co)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in this Article II and Article IV with respect to any Revolving Loan to be effected Advance in any Alternative Agreed Currency other than Dollars or any Alternate Currency, as applicable, if (i) there shall occur on or prior to the date of such Borrowing Advance any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative AgentBorrower, any Alternate Currency Borrower, any Alternate Currency Bank, the relevant Issuing Bank (if such Credit Event is an Alternative Currency Letter of Credit) Administrative Agent or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings Rate Loans or Alternative Alternate Currency Letters of Credit Loans comprising such Credit Event Advance to be denominated in the Alternative Agreed Currency or Alternate Currency, as applicable, specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculableBorrower, then the Administrative Agent shall forthwith give notice thereof to such Borrower, such Alternate Currency Bank and the Lenders andLenders, if or the applicable Borrower shall give notice to the Administrative Agent, such Credit Event is an Alternative Alternate Currency Letter of CreditBank and the Lenders, as the relevant Issuing Bankcase may be, and such Credit Events Eurocurrency Rate Loans or Alternate Currency Loans shall not be denominated in such Alternative Currency currency but shall, except as otherwise set forth in Section 2.06, shall be made on the date of such Credit Event Borrowing Date in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election RequestNotice, as the case may beFloating Rate Loans, unless such the applicable Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency or Alternate Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or Agent, the applicable Alternate Currency Bank, if applicable, and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or the Required Lenders, as applicable, be practicable and in face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may beNotice.

Appears in 1 contract

Samples: Credit Agreement (Thomas Industries Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request Credit Event request or Interest Election Request, as the case may be, as ABR Loans, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request Credit Event request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Priceline Com Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) ), any Designated Lender or the Required Lenders make it impracticable for the applicable Eurocurrency Term SOFR Borrowings, Foreign Currency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or relevant Borrower, (ii) the such currency is no longer an Agreed Currency or (iii) a Dollar Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event Borrowing is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Heidrick & Struggles International Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Borrowing to be effected in any Alternative Currency, if (i) there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Currency specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Currency but shall, except as otherwise set forth in Section 2.06, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or the Required Lenders, as applicable, be practicable and in face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Mylan Inc.)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (iia) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (iiiib) the a Dollar Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (aai) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (iiA) it elects not to borrow on such date or (iiiiB) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be or (bbii) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (iiA) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (iiiiB) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBank which has issued such Letter of Credit, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Fiserv Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) ), any Designated Lender or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings, Foreign Currency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or relevant Borrower, (ii) the such currency is no longer an Agreed Currency or (iii) a Dollar Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event Borrowing is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Heidrick & Struggles International Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or relevant Borrower, (ii) the such currency is no longer an Agreed Currency or (iii) a Dollar Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event Borrowing is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Heidrick & Struggles International Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (ia) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Swingline Lender (if such Credit Event is a Swingline Loan), the Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (iib) the Dollar an Equivalent Amount of 262657 such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (ai) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Credit Event Request or Interest Election Request, as the case may be, as ABR Loans (if the applicable Borrower is the Company), unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to borrow on such date or (iiB) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Swingline Lender (if such Credit Event is a Swingline Loan) and the Administrative Agent, or the Administrative Agent or and the Required Lenders, as applicable, Lenders (if such Credit Event is a Revolving Loan) be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Credit Event Request or Interest Election Request, as the case may be or (bii) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (iiB) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, Bank and the Administrative Agent or the Required Lenders, as applicable, be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Masco Corp /De/)

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Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (ia) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank Banks (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower Company or (iib) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such suchthe Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing BankBanks, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (ai) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such suchthe Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to borrow on such date or (iiB) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (bii) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such suchthe Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (iiB) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBanks, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Fuller H B Co)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Revolving Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the a Dollar Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Revolving Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBank which has issued such Letter of Credit, the Administrative Agent or and the Required Lenders, as applicable, Revolving Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (PENTAIR PLC)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable relevant Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then then, the Administrative Agent shall forthwith give notice thereof to such each Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request Credit Event request or Interest Election Request, as the case may be, as ABR Loans, unless such the applicable Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request Credit Event request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of CreditCredit requested by the Company, unless such Borrower the Company notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Priceline Com Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Revolving Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Revolving Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBank which has issued such Letter of Credit, the Administrative Agent or and the Required Lenders, as applicable, Revolving Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing BankBank at least (to the extent practicable) two Business Days prior to such Credit Event, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Credit Event Request or Interest Election Request, as the case may be, as ABR Loans, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Credit Event Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Lexmark International Inc /Ky/)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Borrowing to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Mylan Laboratories Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank Banks (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Currency specified by the applicable relevant Borrower or (ii) the a Dollar Equivalent of such currency is not readily calculable, then then, the Administrative Agent shall forthwith give notice thereof to such each Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing BankBanks, and such Credit Events shall not be denominated in such Alternative Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request Credit Event request or Interest Election Request, as the case may be, as ABR Loans, unless such the applicable Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request Credit Event request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of CreditCredit requested by the Company, unless such Borrower the Company notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAlternative Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBanks, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Priceline Group Inc.)

Market Disruption. Deposits Unavailable, Interest Rate Unascertainable or Inadequate; Impracticability. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan to be effected Advance in any Alternative Currencycurrency other than Dollars, if (i) there shall occur on or prior to the date of such Borrowing Advance any event which results in a currency no longer qualifying as an Eligible Currency or any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency Letter of Credit) Agent or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit Rate Loans comprising such Credit Event Advance to be denominated in the Alternative Currency currency specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculableBorrower, then the Administrative Agent shall forthwith give notice thereof to such Borrower, Brightpoint and the Lenders and, if such Credit Event is an Alternative Currency Letter of Credit, the relevant Issuing BankLenders, and such Credit Events Loans shall not be denominated in such Alternative Currency currency but shall, except as otherwise set forth in Section 2.06, shall be made on the date of such Credit Event Borrowing Date as Base Rate Loans in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as Notice unless the case may be, unless such applicable Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) with respect to Eurocurrency Rate Loans it elects to borrow on such date in a different Alternative Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit Loans would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face an aggregate principal amount equal to the Dollar Equivalent Amount of the face aggregate principal amount specified in the related request Borrowing Notice. If, and on each occasion, that on the day two Business Days prior to the commencement of any Interest Period for a Eurocurrency Advance the Administrative Agent shall have determined (i) that deposits in the applicable currency in the principal amounts of the Loans comprising such Advance are not generally available in the London interbank market or application any other market in which the Lenders shall be funding such Loans, (ii) that the rates at which such deposits in the applicable currency are being offered will not adequately and fairly reflect the cost to the Required Lenders of making or maintaining their Eurocurrency Rate Loans during such Interest Period or (iii) that reasonable means do not exist for such Alternative Currency Letter of Creditascertaining the Eurocurrency Rate, the Administrative Agent shall, as soon as practicable thereafter, give telecopy notice of such determination to Brightpoint and the case may beapplicable Lenders. In the event of any such determination, 63 73 until the Administrative Agent shall have advised Brightpoint and the applicable Lenders that the circumstances giving rise to such notice no longer exist, any request by a Borrower for a Eurocurrency Advance pursuant to Section 2.7 shall be of no force and effect and shall be denied by the Administrative Agent, and any request by a Borrower for a Eurocurrency Advance denominated in Dollars pursuant to Section 2.7 shall be deemed to be a request for a Base Rate Advance. Each determination by the Administrative Agent hereunder shall be presumed correct in the absence of facts indicating that such determination is erroneous (it being understood that the Borrower shall not have access to the internal records of the Administrative Agent or any Lender for the purpose of confirming such determination).

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Brightpoint Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (ia) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (iib) the a Dollar Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (ai) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (iA) it elects not to borrow on such date or (iiB) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request request for a Credit Event or Interest Election Request, as the case may be or (bii) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before prior to the occurrence of such date Credit Event that (iA) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (iiB) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBank which has issued such Letter of Credit, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Fiserv Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant applicable Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Credit Event Request or Interest Election Request, as the case may be, as ABR Loans, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Credit Event Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBanks, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Johnson Outdoors Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant applicable Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBanks, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit Agreement (Johnson Outdoors Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Borrowing to be effected in any Alternative Currency, if (i) there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Currency specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such the applicable Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Currency but shall, except as otherwise set forth in Section 2.06, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, unless such the applicable Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such the applicable Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or the Required Lenders, as applicable, be practicable and in face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mylan Inc.)

Market Disruption. Deposits Unavailable, Interest Rate Unascertainable or Inadequate; Impracticability. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan to be effected Advance in any Alternative Currencycurrency other than Dollars, if (i) there shall occur on or prior to the date of such Borrowing Advance any event which results in a currency no longer qualifying as an Eligible Currency or any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency Letter of Credit) Agent or the Required Lenders with respect to Eurocurrency Rate Loans or the applicable Alternate Currency Agent or Alternate Currency Lenders with at least 66-2/3% of the Alternate Currency Shares for such currency, with respect to Alternate Currency Loans make it impracticable for the applicable Eurocurrency Borrowings Rate Loans or Alternative Alternate Currency Letters of Credit Loans comprising such Credit Event Advance to be denominated in the Alternative Currency currency specified by the applicable Borrower or (ii) the Dollar Equivalent of such currency is not readily calculableBorrower, then the Administrative Agent or Alternate Currency Agent, as applicable, shall forthwith give notice thereof to such Borrower, Brightpoint and the Lenders and, if such Credit Event is an Alternative Currency Letter of Credit, the relevant Issuing BankLenders, and such Credit Events Loans shall not be denominated in such Alternative Currency currency but shall, except as otherwise set forth in Section 2.06, shall be made on the date of such Credit Event Borrowing Date as Base Rate Loans in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as Notice unless the case may be, unless such applicable Borrower notifies the Administrative Agent or Alternate Currency Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) with respect to Eurocurrency Rate Loans it elects to borrow on such date in a different Alternative Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency Letter of Credit, in a face amount equal to the Dollar Equivalent of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit Loans would in the reasonable opinion of the relevant Issuing BankAdministrative Agent and the Required Lenders be practicable and in an aggregate principal amount equal to the Dollar Amount of the aggregate principal amount specified in the related Borrowing Notice. If, and on each occasion, that on the day two Business Days prior to the commencement of any Interest Period for a Eurocurrency Advance or an Alternate Currency Advance the Administrative Agent or Alternate Currency Agent shall have determined (i) that deposits in the applicable currency in the principal amounts of the Loans comprising such Advance are not generally available in the London interbank market, Paris interbank market (for Alternate Currency Loans denominated in Sterling) or any other market in which the Lenders shall be funding such Loans, (ii) that the rates at which such deposits in the applicable currency are being offered will not adequately and fairly reflect the cost to the Lenders having Revolving Loan Commitments or Alternate Currency Commitments representing at least 66-2/3% of the Aggregate Revolving Loan Commitments or Alternate Currency Commitments for such currency at such time under the applicable Alternate Currency Addendum, as applicable,) of making or maintaining their Eurocurrency Rate Loans or Alternate Currency Loans during such Interest Period or (iii) that reasonable means do not exist for ascertaining the Eurocurrency Rate or any other rate to be used in determining the interest rate applicable to any Alternate Currency Loans, the Administrative Agent or the Required Lendersapplicable Alternate Currency Agent shall, as applicablesoon as practicable thereafter, give telecopy notice of such determination to Brightpoint and the applicable Lenders. In the event of any such determination, until the Administrative Agent or applicable Alternate Currency Agent shall have advised Brightpoint and the applicable Lenders that the circumstances giving rise to such notice no longer exist, any request by a Borrower for a Eurocurrency Advance pursuant to Section 2.7 or for an Alternate Currency Advance denominated in the applicable Alternate Currency pursuant to Section 2.3 shall be practicable of no force and effect and shall be denied by the Administrative Agent or applicable Alternate Currency Agent, and any request by a Borrower for a Eurocurrency Advance denominated in face amount equal Dollars pursuant to Section 2.7 shall be deemed to be a request for a Base Rate Advance. Each determination by the Administrative Agent hereunder shall be presumed correct in the absence of facts indicating that such determination is erroneous (it being understood that the Borrower shall not have access to the Dollar Equivalent internal records of the face amount specified in Administrative Agent or any Lender for the related request or application for purpose of confirming such Alternative Currency Letter of Credit, as the case may bedetermination).

Appears in 1 contract

Samples: Security Agreement (Brightpoint Inc)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Credit Event to be effected in any Alternative Foreign Currency, if (ia) there shall occur on or prior to the date of such Borrowing Credit Event any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank Banks (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Companyapplicable Borrower or (iib) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing BankBanks, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (ai) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, as ABR Loans, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to borrow on such date or (iiB) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, would in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (bii) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (iA) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (iiB) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing BankBanks, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Security Agreement (Fuller H B Co)

Market Disruption. Notwithstanding the satisfaction of all conditions referred to in Article II and Article IV with respect to any Revolving Loan Borrowing to be effected in any Alternative Foreign Currency, if (i) there shall occur on or prior to the date of such Borrowing any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the reasonable opinion of the Administrative Agent, the relevant Issuing Bank (if such Credit Event is an Alternative Currency a Letter of Credit) or the Required Lenders make it impracticable for the applicable Eurocurrency Borrowings or Alternative Currency Letters of Credit comprising such Credit Event to be denominated in the Alternative Agreed Currency specified by the applicable Borrower or (ii) the Dollar an Equivalent Amount of such currency is not readily calculable, then the Administrative Agent shall forthwith give notice thereof to such Borrower, the Lenders and, if such Credit Event is an Alternative Currency a Letter of Credit, the relevant Issuing Bank, and such Credit Events shall not be denominated in such Alternative Agreed Currency but shall, except as otherwise set forth in Section 2.062.07, be made on the date of such Credit Event in Dollars, (a) if such Credit Event is a Borrowing, in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to borrow on such date or (ii) it elects to borrow on such date in a different Alternative Agreed Currency, as the case may be, in which the denomination of such Loans would, in the reasonable opinion of the Administrative Agent or and the Required Lenders, as applicable, be practicable and in an aggregate principal amount equal to the Dollar Equivalent Amount of the aggregate principal amount specified in the related Borrowing Request or Interest Election Request, as the case may be or (b) if such Credit Event is an Alternative Currency a Letter of Credit, in a face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, unless such Borrower notifies the Administrative Agent at least one (1) Business Day before such date that (i) it elects not to request the issuance of such Alternative Currency Letter of Credit on such date or (ii) it elects to have such Alternative Currency Letter of Credit issued on such date in a different currencyAgreed Currency, as the case may be, in which the denomination of such Alternative Currency Letter of Credit would in the reasonable opinion of the relevant Issuing Bank, the Administrative Agent or and the Required Lenders, as applicable, Lenders be practicable and in face amount equal to the Dollar Equivalent Amount of the face amount specified in the related request or application for such Alternative Currency Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Mylan Laboratories Inc)

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