Common use of Notices From Lenders That Optional Currencies Are Unavailable to Fund New Loans Clause in Contracts

Notices From Lenders That Optional Currencies Are Unavailable to Fund New Loans. The Lenders shall be under no obligation to make the Revolving Credit Loans requested by the Borrower which are denominated in an Optional Currency if any Lender notifies the Agent by 5:00 p.m. (Pittsburgh time) four (4) Business Days prior to the Borrowing Date for such Revolving Credit Loans that such Lender cannot provide its share of such Revolving Credit Loans in such Optional Currency due to the introduction of, or any change in, any applicable Law or any change in the interpretation or administration thereof by any Official Body charged with the administration or interpretation thereof, or compliance by such Lender (or any of its lending offices) with any request or directive (whether or not having the force of Law) of any such Official Body which would make it unlawful or impossible for such Lender (or any of its lending offices) to honor its obligations to make a Loan in an Optional Currency. In the event the Agent timely receives a notice from a Lender pursuant to the preceding sentence, the Agent will notify the Borrower no later than 12:00 noon (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans that the Optional Currency is not then available for such Revolving Credit Loans, and the Agent shall promptly thereafter notify the Lenders of the same. If the Borrower receives a notice described in the preceding sentence, the Borrower may, by notice to the Agent not later than 5:00 p.m. (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans, withdraw the Loan Request for such Revolving Credit Loans. If the Borrower withdraws such Loan Request, the Agent will promptly notify each Lender of the same and the Lenders shall not make such Revolving Credit Loans. If the Borrower does not withdraw such Loan Request before such time, (i) the Borrower shall be deemed to have requested that the Revolving Credit Loans referred to in its Loan Request shall be made in Dollars in an amount equal to the Dollar Equivalent amount of such Revolving Credit Loans and shall bear interest under the Base Rate Option, and (ii) the Agent shall promptly deliver a notice to each Lender stating: (a) that such Revolving Credit Loans shall be made in Dollars and shall bear interest under the Base Rate Option, (b) the aggregate amount of such Revolving Credit Loans, and (c) such Lender’s Ratable Share of such Revolving Credit Loans.

Notices From Lenders That Optional Currencies Are Unavailable to Fund New Loans. The Lenders shall be under no obligation to make the Revolving Credit Loans requested by the Borrower which are denominated in an Optional Currency if any Lender notifies the Administrative Agent by 5:00 p.m. (Pittsburgh time) four (4) Business Days prior to the Borrowing Date for such Revolving Credit Loans that such Lender cannot provide its share of such Revolving Credit Loans in such Optional Currency due to because (i) the introduction ofmaking, maintenance or funding of such Optional Currency Loan has been made impracticable or unlawful by compliance by such Lender in good-faith with any change in, any applicable Law or any change in the interpretation or administration application thereof by any Official Body charged with the administration or interpretation thereof, or compliance by such Lender (or any of its lending offices) with any request or directive of any such Official Body (whether or not having the force of Law) or (ii) after making all reasonable efforts, deposits of any such Official Body which would make it unlawful or impossible the relevant amount in the relevant Optional Currency for the relevant Interest Period are not available to such Lender (or any of its lending offices) with respect to honor its obligations to make a such Loan in an Optional Currencythe London interbank market. In the event the Administrative Agent timely receives a timely notice from a Lender pursuant to the preceding sentence, the Administrative Agent will notify the Borrower no later than 12:00 noon (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans that the Optional Currency is not then available for such Revolving Credit Loans, and the Administrative Agent shall promptly thereafter notify the Lenders of the same. If the Borrower receives a notice described in the preceding sentence, the Borrower may, by notice to the Administrative Agent not later than 5:00 p.m. (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans, either (i) withdraw the Loan Request for such Revolving Credit Loans. If , in which event the Borrower withdraws such Loan Request, the Administrative Agent will promptly notify each Lender of the same and the Lenders shall not make such Revolving Credit Loans, or (ii) request that the Revolving Credit Loans referred to in its Loan Request be made in Dollars or in a different Optional Currency in an amount equal to the Dollar Equivalent or other Optional Currency Equivalent Amount of such Revolving Credit Loans and which shall (A) in the case of Revolving Credit Loans denominated in Dollars, bear interest under the Base Rate Option or the LIBOR Rate Option, as elected by the Borrower, or (B) in the case of Revolving Credit Loans denominated in an Optional Currency, bear interest under the LIBOR Rate Option, in which event the Administrative Agent shall promptly deliver a notice to each Lender stating: (1) that such Revolving Credit Loans shall be made in the applicable currency and shall bear interest under the Base Rate Option or the LIBOR Rate Option, as applicable, (2) the aggregate amount of such Revolving Credit Loans, and (3) such Lender’s Ratable Share of such Revolving Credit Loans. If the Borrower does not withdraw such Loan Request before such time, time as provided in clause (i) the Borrower shall be deemed to have requested or request before such time that the requested Revolving Credit Loans referred to in its Loan Request shall be made in Dollars or a different Optional Currency as provided in an amount equal clause (ii), then (a) the Borrower shall be deemed to the Dollar Equivalent amount of have withdrawn such Revolving Credit Loans and shall bear interest under the Base Rate Option, Loan Request and (iib) the Administrative Agent shall promptly deliver a notice to each Lender stating: (a) that such Revolving Credit Loans thereof and the Lenders shall be made in Dollars and shall bear interest under the Base Rate Option, (b) the aggregate amount of such Revolving Credit Loans, and (c) such Lender’s Ratable Share of not make such Revolving Credit Loans.

Notices From Lenders That Optional Currencies Are Unavailable to Fund New Loans. The Lenders shall be under no obligation to make the Revolving Credit Loans requested by the Borrower which are denominated in an Optional Currency, nor shall the Agent be obligated to issue any Letter of Credit denominated in an Optional Currency if any Lender notifies the Agent by 5:00 p.m. (Pittsburgh time) four (4) Business Days prior to the Borrowing Date for such Revolving Credit Loans Loans, or issuance date for such Letter of Credit, that such Lender cannot provide its share of such Revolving Credit Loans Loans, or its Participation Advance, in such Optional Currency due to the introduction of, or any change in, any applicable Law or any change in the interpretation or administration thereof by any Official Body charged with the administration or interpretation thereof, or compliance by such Lender (or any of its lending offices) with any request or directive (whether or not having the force of Law) of any such Official Body which would make it unlawful or impossible for such Lender (or any of its lending offices) to honor its obligations to make a Loan or Participation Advance in an Optional Currency. In the event the Agent timely receives a notice from a Lender pursuant to the preceding sentence, the Agent will notify the Borrower no later than 12:00 noon (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans or issuance date of such Letter of Credit, as the case may be, that the Optional Currency is not then available for such Revolving Credit LoansLoans or Letters of Credit, and the Agent shall promptly thereafter notify the Lenders of the same. If the Borrower receives a notice described in the preceding sentence, the Borrower may, by notice to the Agent not later than 5:00 p.m. (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit LoansLoans or issuance date of such Letter of Credit, withdraw the Loan Request for such Revolving Credit LoansLoans or Letters of Credit. If the Borrower withdraws such Loan Request, the Agent will promptly notify each Lender of the same and the Lenders shall not make such Revolving Credit LoansLoans and the Agent shall not issue such Letter of Credit. If the Borrower does not withdraw such Loan Request before such time, (i) the Borrower shall be deemed to have requested that the Revolving Credit Loans or Letters of Credit referred to in its Loan Request shall be made in Dollars in an amount equal to the Dollar Equivalent amount of such Revolving Credit Loans or Letters of Credit, as the case may be, and any such Loan shall bear interest under the Base Rate Option, and (ii) the Agent shall promptly deliver a notice to each Lender stating: (a) that such Revolving Credit Loans or Letters of Credit shall be made in Dollars and shall bear interest under the Base Rate Option, (b) the aggregate amount of such Revolving Credit LoansLoans and face amount of such Letters of Credit, and (c) such Lender’s Ratable Share of such Revolving Credit Loans.

Notices From Lenders That Optional Currencies Are Unavailable to Fund New Loans. The Lenders shall be under no obligation to make the Revolving Credit Loans requested by the a Borrower which are denominated in an Optional Currency if any Lender notifies the Agent by 5:00 p.m. (Pittsburgh Eastern time) four (4) Business Days prior to the Borrowing Date for such Revolving Credit Loans that such Lender cannot provide its share of such Revolving Credit Loans in such Optional Currency due to the introduction of, or any change in, any applicable Law or any change in the interpretation or administration thereof by any Official Body charged with the administration or interpretation thereof, or compliance by such Lender (or any of its lending offices) with any request or directive (whether or not having the force of Law) of any such Official Body which would make it unlawful or impossible for such Lender (or any of its lending offices) to honor its obligations to make a Loan in an Optional Currency. In the event the Agent timely receives a notice from a Lender pursuant to the preceding sentence, the Agent will notify the such Borrower no later than 12:00 noon Noon (Pittsburgh Eastern time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans that the Optional Currency is not then available for such Revolving Credit Loans, and the Agent shall promptly thereafter notify the Lenders of the same. If the such Borrower receives a notice described in the preceding sentence, the such Borrower may, by notice to the Agent not later than 5:00 p.m. (Pittsburgh Eastern time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans, withdraw the Loan Request for such Revolving Credit Loans. If the such Borrower withdraws such Loan Request, the Agent will promptly notify each Lender of the same and the Lenders shall not make such Revolving Credit Loans. If the such Borrower does not withdraw such Loan Request before such time, (i) the such Borrower shall be deemed to have requested that the Revolving Credit Loans referred to in its Loan Request shall be made in Dollars in an amount equal to the Dollar Equivalent amount of such Revolving Credit Loans and shall bear interest under the Base Rate Option, and (ii) the Agent shall promptly deliver a notice to each Lender stating: (aA) that such Revolving Credit Loans shall be made in Dollars and shall bear interest under the Base Rate Option, (bB) the aggregate amount of such Revolving Credit Loans, and (cC) such Lender’s 's Ratable Share of such Revolving Credit Loans.

Notices From Lenders That Optional Currencies Are Unavailable to Fund New Loans. The Lenders shall be under no obligation to make the Revolving Credit Loans requested by the Borrower Borrowers which are denominated in an Optional Currency if any Lender notifies the Administrative Agent by 5:00 p.m. (Pittsburgh time) four (4) Business Days prior to the Borrowing Date for such Revolving Credit Loans that such Lender cannot provide its share Revolving Credit Ratable Share of such Revolving Credit Loans in such Optional Currency due to the introduction of, or any change in, any applicable Law or any change in the interpretation or administration thereof by any Official Body charged with the administration or interpretation thereof, or compliance by such Lender (or any of its lending offices) with any request or directive (whether or not having the force of Law) of any such Official Body which would make it unlawful or impossible for such Lender (or any of its lending offices) to honor its obligations to make a Loan in an Optional Currency. In the event the Administrative Agent timely receives a notice from a Lender pursuant to the preceding sentence, the Administrative Agent will notify the Borrower Borrowers no later than 12:00 noon (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans that the Optional Currency is not then available for such Revolving Credit Loans, and the Administrative Agent shall promptly thereafter notify the Lenders of the same. If the Borrower receives a notice described in the preceding sentence, the Borrower may, by notice to the Agent not later than 5:00 p.m. (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans, withdraw the Loan Request for such Revolving Credit Loans. If the Borrower withdraws such Loan Request, the Agent will promptly notify each Lender of the same and the Lenders shall not make such Revolving Credit LoansLoans requested by the Borrowers under their Loan Request. If the Borrower does not withdraw such Loan Request before such time, (i) the Borrower The Lenders shall also be deemed under no obligation to have requested that make the Revolving Credit Loans referred requested by the Borrowers to in its Loan Request shall be made in Dollars denominated in an amount equal to Optional Currency if the Dollar Equivalent aggregate amount of Revolving Credit Loans (i) in such Optional Currency, taking into account such requested Revolving Credit Loans and shall bear interest under all other Revolving Credit Loans then outstanding in such Optional Currency, would exceed the Base Rate Optionindividual Optional Currency Sublimit applicable to such requested Optional Currency, and or (ii) the Agent shall promptly deliver a notice to each Lender stating: (a) that in all Optional Currencies, taking into account such requested Revolving Credit Loans shall be made and all other Revolving Credit Loans then outstanding in Dollars and shall bear interest under the Base Rate Optionall Optional Currencies, (b) would exceed the aggregate amount of such Revolving Credit Loans, and (c) such Lender’s Ratable Share of such Revolving Credit LoansOptional Currency Sublimit applicable to all Optional Currencies.

Notices From Lenders That Optional Currencies Are Unavailable to Fund New Loans. The Lenders shall be under no obligation to make the Revolving Credit Loans requested by the Borrower which are denominated in an Optional Currency if any Lender notifies the Agent by 5:00 p.m. (Pittsburgh time) four (4) Business Days prior to the Borrowing Date for such Revolving Credit Loans that such Lender cannot provide its share of such Revolving Credit Loans in such Optional Currency due to the introduction of, or any change in, any applicable Law or any change in the interpretation or administration thereof by any Official Body charged with the administration or interpretation thereof, or compliance by such Lender (or any of its lending offices) with any request or directive (whether or not having the force of Law) of any such Official Body which would make it unlawful or impossible for such Lender (or any of its lending offices) to honor its obligations to make a Loan in an Optional Currency. In the event the Agent timely receives a notice from a Lender pursuant to the preceding sentence, the Agent will notify the Borrower no later than 12:00 noon (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans that the Optional Currency is not then available for such Revolving Credit Loans, and the Agent shall promptly thereafter notify the Lenders of the same. If the Borrower receives a notice described in the preceding sentence, the Borrower may, by notice to the Agent not later than 5:00 p.m. (Pittsburgh time) three (3) Business Days prior to the Borrowing Date for such Revolving Credit Loans, withdraw the Loan Request for such Revolving Credit Loans. If the Borrower withdraws such Loan Request, the Agent will promptly notify each Lender of the same and the Lenders shall not make such Revolving Credit Loans. If the Borrower does not withdraw such Loan Request before such time, (i) the Borrower shall be deemed to have requested that the Revolving Credit Loans referred to in its Loan Request shall be made in Dollars in an amount equal to the Dollar Equivalent amount of such Revolving Credit Loans and shall bear interest under the Base Rate Option, and (ii) the Agent shall promptly deliver a notice to each Lender stating: (aA) that such Revolving Credit Loans shall be made in Dollars and shall bear interest under the Base Rate OptionOption or, if Borrower requests within 3 Business Days prior to the proposed Borrowing Date that such Loans bear interest at the Euro Rate and specifies the Interest Period therefore, such Loans shall bear interest at the Euro Rate, (bB) the aggregate amount of such Revolving Credit Loans, and (cC) such Lender’s Ratable Pro Rata Share of such Revolving Credit Loans.