Common use of Termination of Commitment Clause in Contracts

Termination of Commitment. Notwithstanding any other provisions herein, if any Change of Law shall make it unlawful for any Lender (i) to make a LIBOR interest rate available, or (ii) to maintain LIBOR interest rates hereunder, then, in the former event, any obligation of Lenders hereunder to make available such unlawful LIBOR interest rate shall forthwith be canceled, and in the latter event, any such unlawful LIBOR interest rate then outstanding shall at the option of Agent be converted so that interest is determined in relation to the Reference Rate pursuant to the terms of this Agreement; provided however, if any such Change in Law, shall permit a LIBOR interest rate until the expiration of the Fixed Rate Term relating thereto, then such permitted LIBOR interest rate shall continue as such until the end of such Fixed Rate Term. With respect to any outstanding principal amount as to which such LIBOR interest rate is converted to a lower rate in accordance with the foregoing terms and provisions, Borrower agrees to pay to Agent, for the benefit of each Lender, as appropriate, the amount of any increase in cost or expense to the Lenders.

Appears in 2 contracts

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

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Termination of Commitment. Notwithstanding any other provisions herein, if any Change of Law shall make it unlawful for any Lender (i) to make a LIBOR interest rate available, or (ii) to maintain LIBOR interest rates hereunder, then, in the former event, any obligation of Lenders such Lender hereunder to make available such unlawful LIBOR interest rate shall forthwith be canceledsuspended until such time as it is once again lawful to make such rate available, and in the latter event, any such unlawful LIBOR interest rate then outstanding shall at the option of Agent be converted so that interest is determined in relation to the Reference Prime Rate pursuant to the terms of this Agreement; provided however, if any such Change in Law, Law shall permit a LIBOR interest rate until the expiration of the Fixed Rate Term relating thereto, then such permitted LIBOR interest rate shall continue as such until the end of such Fixed Rate Term. With respect to any outstanding principal amount If as to which such a result of this Section 2.8(b) a LIBOR interest rate is converted to a lower rate in accordance with the foregoing terms and provisionsinterest rate, Borrower agrees to shall pay to Agent, each Lender immediately upon demand such amount or amounts as may be necessary to compensate such Lender for the benefit of each Lender, as appropriate, the amount of any increase loss in cost or expense to the Lendersconnection therewith.

Appears in 1 contract

Samples: Credit Agreement (Praegitzer Industries Inc)

Termination of Commitment. Notwithstanding any other provisions herein, if any Change of Law shall make it unlawful for any Lender (i) to make a LIBOR interest rate available, or (ii) to maintain LIBOR interest rates hereunder, then, in the former event, any obligation of the Lenders hereunder to make available such unlawful LIBOR interest rate shall forthwith be canceled, and in the latter event, any such unlawful LIBOR interest rate then outstanding shall at the option of Agent be converted so that interest is determined in relation to the Reference Prime Rate pursuant to the terms of this Agreement; provided howeverPROVIDED, HOWEVER, if any such Change in Law, Law shall permit a LIBOR interest rate until the expiration of the Fixed Rate Term relating thereto, then such permitted LIBOR interest rate shall continue as such until the end of such Fixed Rate Term. With respect to In the event any outstanding principal amount as to which such LIBOR interest rate is converted to a lower rate in accordance with the foregoing terms and provisions, Borrower agrees to shall pay to Agent, for the benefit of each Lender, within thirty (30) days following demand accompanied by a certificate of such Lender describing the basis therefor and the calculation thereof, such amount or amounts as appropriate, the amount of may be necessary to compensate such Lender for any increase loss in cost or expense to the Lendersconnection therewith.

Appears in 1 contract

Samples: Credit Agreement (Copart Inc)

Termination of Commitment. Notwithstanding any other ------------------------------------- provisions herein, if any Change of Law shall make it unlawful for any Lender (i) to make a LIBOR interest rate available, or (ii) to maintain LIBOR interest rates hereunder, then, in the former event, any obligation of Lenders hereunder such Lender to make available such unlawful LIBOR interest rate shall forthwith be canceledsuspended until such time as it is once again lawful to make such rate available, and in the latter event, any such unlawful LIBOR interest rate then outstanding shall at the option of Agent be converted so that interest is determined in relation to the Reference Prime Rate pursuant to the terms of this Agreement; provided provided, however, if any such Change in Law, Law shall permit a LIBOR interest rate until the expiration of the Fixed Rate Term relating thereto, then such permitted LIBOR interest rate shall continue as such until the end of such Fixed Rate Term. With respect to any outstanding principal amount If as to which such a result of this Section a LIBOR interest rate is converted to a lower rate in accordance with the foregoing terms and provisionsinterest rate, Borrower agrees to shall pay to Agent, each Lender immediately upon demand such amount or amounts as may be necessary to compensate such Lender for the benefit of each Lender, as appropriate, the amount of any increase loss in cost or expense to the Lendersconnection therewith.

Appears in 1 contract

Samples: Credit Agreement (Planar Systems Inc)

Termination of Commitment. Notwithstanding any other provisions herein, if any Change of Law shall make it unlawful for any Lender (i) to make a LIBOR interest rate available, or (ii) to maintain LIBOR interest rates hereunder, then, in the former event, any obligation of the Lenders hereunder to make available such unlawful LIBOR interest rate shall forthwith be canceled, and in the latter event, any such unlawful LIBOR interest rate Advance then outstanding shall at the option of Agent be converted so that interest is determined in relation to the Reference a Base Rate Advance pursuant to the terms of this Agreement; provided howeverPROVIDED, HOWEVER, if any such Change in Law, Law shall permit a LIBOR interest rate until the expiration of the Fixed Rate Term relating thereto, then such permitted LIBOR interest rate shall continue as such until the end of such Fixed Rate Term. With respect to In the event any outstanding principal amount as to which such LIBOR interest rate is converted to a lower rate in accordance with the foregoing terms and provisions, Borrower agrees to shall pay to Agent, for the benefit of each Lender, within thirty (30) days following demand accompanied by a certificate of such Lender describing the basis therefor and the calculation thereof, such amount or amounts as appropriate, the amount of may be necessary to compensate such Lender for any increase loss in cost or expense to the Lendersconnection therewith.

Appears in 1 contract

Samples: Credit Agreement (Copart Inc)

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Termination of Commitment. Notwithstanding any other provisions herein, if any Change of Law shall make it unlawful for any Lender (i) to make a LIBOR interest rate available, or (ii) to maintain LIBOR interest rates hereunder, then, in the former event, any obligation of Lenders hereunder Lender to make available such unlawful LIBOR interest rate shall forthwith be canceledsuspended until such time as it is once again lawful to make such rate available, and in the latter event, any such unlawful LIBOR interest rate then outstanding shall at the option of Agent be converted so that interest is determined in relation to the Reference Prime Rate pursuant to the terms of this Agreement; provided provided, however, if any such Change in Law, Law shall permit a LIBOR interest rate until the expiration of the Fixed Rate Term relating thereto, then such permitted LIBOR interest rate shall continue as such until the end of such Fixed Rate Term. With respect to any outstanding principal amount If as to which such a result of this Section a LIBOR interest rate is converted to a lower rate in accordance with the foregoing terms and provisionsinterest rate, Borrower agrees to shall pay to Agent, Lender immediately upon demand such amount or amounts as may be necessary to compensate Lender for the benefit of each Lender, as appropriate, the amount of any increase loss in cost or expense to the Lendersconnection therewith.

Appears in 1 contract

Samples: Credit Agreement (Interland Inc /Mn/)

Termination of Commitment. Notwithstanding any other provisions herein, if any Change of Law shall make it unlawful for any Lender (i) to make a LIBOR interest rate available, or (ii) to maintain LIBOR interest rates hereunder, then, in the former event, any obligation of the Lenders hereunder to make available such unlawful LIBOR interest rate shall forthwith be canceled, and in the latter event, any such unlawful LIBOR interest rate then outstanding shall at the option of the Agent be converted so that interest is determined in relation to the Reference Prime Rate pursuant to the terms of this Agreement; provided however, if any such Change in Law, Law shall permit a LIBOR interest rate until the expiration of the Fixed Rate Term relating thereto, then such permitted LIBOR interest rate shall continue as such until the end of such Fixed Rate Term. With respect to In the event any outstanding principal amount as to which such LIBOR interest rate relates is converted to a lower rate in accordance with the foregoing terms and provisions, Borrower agrees to shall pay to Agent, each Lender immediately upon demand such amount or amounts as may be necessary to compensate such Lender for the benefit of each Lender, as appropriate, the amount of any increase loss in cost or expense to the Lendersconnection therewith.

Appears in 1 contract

Samples: Loan Agreement (Good Guys Inc)

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