Optional Currencies Clause Samples

Optional Currencies amend the Credit Agreement to provide that the Revolving Facility Commitments may also be utilised in currencies other than EUR on the basis set out in recent Liberty precedent which contain a revolving credit facility.

Optional Currencies. 12 7. Repayment ................................................... 13 8. Prepayment and cancellation ................................. 15 9. Interest .................................................... 15 10.

Optional Currencies. 22 2.9.1. Request for Optional Currency..............................................22 2.9.2. Exchange Rate. ...........................................................23 2.9.3. Multiple Denominations. ..................................................23 2.9.4. Repayment. ...............................................................23 2.9.5. Funding. .................................................................24 2.10. Change in Borrowing Base. ..........................................................24 2.11.

Optional Currencies. (a) If before the Specified Time on the Quotation Day for the relevant Revolving Facility or Additional Facility Loan: (i) a Lender notifies the Facility Agent that the relevant Optional Currency is not readily available to it in the amount required; or (ii) a Lender notifies the Facility Agent that compliance with its obligation to participate in the relevant Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Facility Agent will give notice to the relevant Borrowers to that effect by the Specified Time. In this event, any Lender that gives notice pursuant to this paragraph (a) will be required to participate in the relevant Loan in euros (in an amount equal to the euro equivalent (calculated using the Facility Agent’s Spot Rate of Exchange at the relevant time) of that Lender’s proportion of the relevant Loan (calculated based on the proportion of such Lender’s Available Commitment in respect of the relevant Facility, the relevant Borrower(s) and the relevant currency to the relevant Available Facility) or, in respect of a Rollover Loan, an amount equal to the euro equivalent (calculated using the Facility Agent’s Spot Rate of Exchange at the relevant time) of that Lender’s proportion of any amount that the Lenders are actually required to advance in accordance with Clause 8.2 (Rollover Loans)) (calculated based on the proportion of such Lender’s share of such loan to the total amount thereof), and its participation will be treated as a separate Loan denominated in euros during that Interest Period. (b) Any part of a Loan treated as a separate Loan under this Clause 5.5 will not be taken into account for the purposes of any limit on the number of Loans, or currencies outstanding at any one time.

Optional Currencies. Any agreement for a Note Transaction for a Note denominated in a currency other than Sterling or euro shall be conditional upon: (a) it being lawful and in compliance with all requirements of any relevant central bank and any other relevant fiscal, monetary, regulatory or other authority from time to time, for deposits to be made in such currency and for such Note to be issued, offered for sale, sold and delivered as contemplated by such Note Transaction; (b) such other currency being freely transferable and freely convertible into euro; (c) the consent of the Agent to that currency having been given; and (d) any appropriate amendments which the relevant Dealer and/or the Issuer shall require having been made to this Agreement and any appropriate amendments which the Issuer and/or the Agent shall require having been made to the Agency Agreement.

Optional Currencies. 6.1 Selection of currency A Borrower (or the Parent on behalf of a Borrower) shall select the currency of a Loan in the Utilisation Request.

Optional Currencies. In the case of a UK Credit Extension to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Agent, the Required Lenders (in the case of any UK Loans to be denominated in an Optional Currency) or the Issuing Bank (in the case of any UK Letter of Credit to be denominated in an Optional Currency) or the UK Swingline Lender (in the case of any UK Swingline Loan to be denominated in an Optional Currency) would make it impracticable for such UK Credit Extension to be denominated in the relevant Optional Currency.

Optional Currencies. 21 10. PAYMENTS.....................................................................................................24 11. TAXES........................................................................................................26 17. UNDERTAKINGS.................................................................................................39 18. DEFAULT......................................................................................................52 19.

Optional Currencies. (a) A Borrower may elect, prior to the Commitment Expiry Date, to draw down or convert, or after the Commitment Expiry Date to convert, a portion of the funds available to such Borrower under this Agreement in, or to, an Optional Currency (if any), provided that the aggregate principal amount outstanding with respect to the Borrowers under this Agreement immediately following any such drawdown or conversion in Optional Currencies shall not exceed the lesser of the equivalent of US $70,000,000 or the Dollar amount to which the Total Commitment shall have been reduced pursuant to Section 2.3 hereof, and provided further that any funds proposed to be converted at any one time under this Section 2.8 shall be in amounts of not less than US $250,000 and shall be an integral multiple thereof, or the equivalent in any Optional Currency. In order to exercise the foregoing option the applicable Borrower and Dynatech must deliver a written notice, subject to any other notice requirements under this Agreement, to the Agent, which shall give to the Banks prompt notice thereof, designating the currency into which the designated portion of the Loans is to be drawn down or, as the case may be, converted, at least five (5) Business Days prior to the commencement of an Interest Period relating to such portion of the Loan and any such conversion shall be effected on such date. If any such notice is not delivered to the Agent by the applicable Borrower and Dynatech within the required time, such Borrower shall be deemed to have elected that the relevant portion of the principal amount of the Loan continue to be denominated in the currency in which it then currently stands denominated. If any Bank determines (which determination shall be conclusive), on or prior to the second Business Day preceding the first day of any Interest Period during which a portion of the principal of the Loan is to be denominated in any Optional Currency, that the Optional Currency is not freely transferable and convertible into Dollars or that it will be impracticable for such Bank to fund the Advance or Term Loan in such Optional Currency, then such Bank shall so notify the Agent, which notification shall be given immediately by the Agent to the applicable Borrower and Dynatech, and that portion of the principal amount of the Loan shall, notwithstanding any contrary election by such Borrower or any other provisions hereof, be denominated in Dollars and be in the form of a Base Rate Advance or as th...