Common use of Unavailability Clause in Contracts

Unavailability. In the event that the Agent shall have determined in good faith (i) that Dollar deposits in the principal amounts requested with respect to a Eurodollar Borrowing are not generally available in the London interbank Eurodollar market or (ii) that reasonable means do not exist for ascertaining the Eurodollar Rate, the Agent shall, as soon as practicable thereafter, give notice of such determination to the Borrower and the Lenders. In the event of any such determination under clause (i) or (ii) above, until the Agent shall have advised the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (A) any request by the Borrower for Eurodollar Borrowings shall be deemed to be a request for Base Rate Borrowings, (B) any request by the Borrower for conversion into or continuation of Eurodollar Borrowings shall be deemed to be a request for conversion into or continuation of Base Rate Borrowings and (C) any Borrowings that were to be converted or continued as Eurodollar Borrowings on the first day of an Interest Period shall be converted to or continued as Base Rate Borrowings.

Appears in 8 contracts

Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)

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Unavailability. In the event that the Agent shall have determined in good faith (i) that Dollar U.S. dollar deposits in the principal amounts requested with respect to a Eurodollar Borrowing Loan are not generally available in the London interbank Eurodollar market or (ii) that reasonable means do not exist for ascertaining the Eurodollar Rate, the Agent shall, as soon as practicable thereafter, give notice of such determination to the Borrower and the Lenders. In the event of any such determination under clause clauses (i) or (ii) above, until the Agent shall have advised the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (A) any request by the Borrower for Eurodollar Borrowings Loans shall be deemed to be a request for Base Rate BorrowingsLoans, (B) any request by the Borrower for conversion into or continuation of Eurodollar Borrowings Loans shall be deemed to be a request for conversion into or continuation of Base Rate Borrowings Loans and (C) any Borrowings Loans that were to be converted or continued as Eurodollar Borrowings Loans on the first day of an Interest Period shall be converted to or continued as Base Rate BorrowingsLoans.

Appears in 7 contracts

Samples: Credit Agreement (WPS Resources Corp), Three Year Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Public Service Corp)

Unavailability. In the event that the Agent shall have determined in good faith (i) that Dollar U.S. dollar deposits in the principal amounts requested with respect to a Eurodollar Borrowing Loan are not generally available in the London interbank Eurodollar market or (ii) that reasonable means do not exist for ascertaining the Eurodollar Rate, the Agent shall, as soon as practicable thereafter, give notice of such determination to the Borrower and the Lenders. In the event of any such determination under clause clauses (i) or (ii) above, until the Agent shall have advised the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (A) any request by the Borrower for Eurodollar Borrowings Loans shall be deemed to be a request for Base Rate BorrowingsLoans, (B) any request by the Borrower for conversion into or continuation of Eurodollar Borrowings Loans shall be deemed to be a request for conversion into or continuation of Base Rate Borrowings Loans and (C) any Borrowings Revolving Loans that were to be converted or continued as Eurodollar Borrowings Loans on the first day of an Interest Period shall be converted to or continued as Base Rate BorrowingsLoans.

Appears in 5 contracts

Samples: Five Year Credit Agreement (Integrys Energy Group, Inc.), Five Year Credit Agreement (Integrys Energy Group, Inc.), Credit Agreement (Integrys Energy Group, Inc.)

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Unavailability. In the event that the Administrative Agent shall have determined in good faith (i) that Dollar deposits in the principal amounts requested with respect to a Eurodollar Borrowing Loan are not generally available in the London interbank Eurodollar market or (ii) that reasonable means do not exist for ascertaining the Eurodollar RateRate or the Required Lenders shall have notified the Administrative Agent that the Eurodollar Rate for any requested Interest Period with respect to a proposed Eurodollar Loan does not adequately and fairly reflect the cost to such Lenders of funding such Loan, the Administrative Agent shall, as soon as practicable thereafter, give written notice of such determination to the Borrower and the Lenders. In the event of any such determination under clause clauses (i) or (ii) above, until the Administrative Agent shall have advised the Borrower and the Lenders that the circumstances giving rise to such notice no longer exist, (A) any request by the Borrower for Eurodollar Borrowings Loans shall be deemed to be a request for Base Rate Borrowings, Loans and (B) any request by the Borrower for conversion into or continuation of Eurodollar Borrowings Loans shall be deemed to be a request for conversion into or continuation of Base Rate Borrowings and (C) any Borrowings that were to be converted or continued as Eurodollar Borrowings on the first day of an Interest Period shall be converted to or continued as Base Rate BorrowingsLoans.

Appears in 2 contracts

Samples: Term Loan Agreement (Alabama Power Co), Bridge Credit Agreement (Southern Co)

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