Common use of Suspension of the LIBO Rate Clause in Contracts

Suspension of the LIBO Rate. (a) If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions in such Financial Institution’s Purchaser Group at the LIBO Rate would violate any applicable law, rule, regulation or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at the LIBO Rate are not available or (ii) the LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at the LIBO Rate, then the Agent shall suspend the availability of the LIBO Rate for the Financial Institutions in such Financial Institution’s Purchaser Group and require Seller to select the Alternate Base Rate for any Purchaser Interest funded by the Financial Institutions in such Financial Institution’s Purchaser Group accruing Yield at the LIBO Rate.

Appears in 8 contracts

Samples: Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co), Receivables Purchase Agreement (Dean Foods Co)

AutoNDA by SimpleDocs

Suspension of the LIBO Rate. (a) If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions in such Financial Institution’s Purchaser Group at the LIBO Rate would violate any applicable law, rule, regulation regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at the LIBO Rate are not available or (ii) the LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at the LIBO Rate, then the Agent shall suspend the availability of the LIBO Rate for the Financial Institutions in such Financial Institution’s Purchaser Group and require Seller to select the Alternate Alternative Base Rate for any Purchaser Interest funded by the Financial Institutions in such Financial Institution’s Purchaser Group accruing Yield at the LIBO Rate.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Avnet Inc), Receivables Purchase Agreement (Avnet Inc), Receivables Purchase Agreement (Avnet Inc)

Suspension of the LIBO Rate. (a) If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions in such Financial Institution’s 's Purchaser Group at the LIBO Rate would violate any applicable law, rule, regulation or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at the LIBO Rate are not available or (ii) the LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at the LIBO Rate, then the Agent shall suspend the availability of the LIBO Rate for the Financial Institutions in such Financial Institution’s 's Purchaser Group and require Seller to select the Alternate Base Prime Rate for any Purchaser Interest funded by the Financial Institutions in such Financial Institution’s 's Purchaser Group accruing Yield at the LIBO Rate.

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Dean Foods Co/), Receivables Purchase Agreement (Dean Foods Co/)

Suspension of the LIBO Rate. (a) If any Financial PurchaserFinancial Institution notifies the Sellerits related Managing Agent that it has determined that funding its PercentagePurchaser Group’s Pro Rata Share of the Purchaser Interests of the Financial Institutions in such Financial Institution’s Purchaser Group at the a LIBO Rate would violate any applicable law, rule, regulation regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at the such LIBO Rate are not available or (ii) the such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at the such LIBO Rate, then the such PurchaserManaging Agent shall suspend the availability of the such LIBO Rate for the Financial Institutions in and any Purchaser Interest accruing Yield at such Financial Institution’s Purchaser Group and require Seller to select LIBO Rate shall accrue interest at the Alternate Base Rate for any Purchaser Interest funded by the Financial Institutions in such Financial Institution’s Purchaser Group accruing Yield at the LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Insight Enterprises Inc)

Suspension of the LIBO Rate. (a) If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions in such Financial Institution’s Purchaser Group at the LIBO Rate would violate any applicable law, rule, regulation regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at the LIBO Rate are not available or (ii) the LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at the LIBO Rate, then the Agent shall suspend the availability of the LIBO Rate for the Financial Institutions in such Financial Institution’s Purchaser Group and require Seller to select the Alternate Base Discount Rate for any Purchaser Interest funded by the Financial Institutions in such Financial Institution’s Purchaser Group accruing Yield at shall be the LIBO Alternative Base Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Avnet Inc)

AutoNDA by SimpleDocs

Suspension of the LIBO Rate. (a) If any Financial --------------------------- Institution notifies the its related Managing Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions in such Financial Institution’s Purchaser Group at the a LIBO Rate would violate any applicable law, rule, regulation regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at the such LIBO Rate are not available or (ii) the such LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at the such LIBO Rate, then such Managing Agent shall notify the Collateral Agent and shall suspend the availability of the such LIBO Rate for the Financial Institutions in such Financial Institution’s Purchaser Group and require Seller to select the Alternate Base Rate for any Purchaser Interest funded by the Financial Institutions in such Financial Institution’s Purchaser Group accruing Yield at the such LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (McKesson Hboc Inc)

Suspension of the LIBO Rate. (a) If any Financial Institution notifies the Agent that it has determined that funding its Pro Rata Share of the Purchaser Interests of the Financial Institutions in such Financial Institution’s 's Purchaser Group at the LIBO Rate would violate any applicable law, rule, regulation regulation, or directive of any governmental or regulatory authority, whether or not having the force of law, or that (i) deposits of a type and maturity appropriate to match fund its Purchaser Interests at the LIBO Rate are not available or (ii) the LIBO Rate does not accurately reflect the cost of acquiring or maintaining a Purchaser Interest at the LIBO Rate, then the Agent shall suspend the availability of the LIBO Rate for the Financial Institutions in such Financial Institution’s 's Purchaser Group and require Seller to select the Alternate Base Prime Rate for any Purchaser Interest funded by the Financial Institutions in such Financial Institution’s 's Purchaser Group accruing Yield at the LIBO Rate.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Avnet Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.