Common use of Availability of Types of Advances Clause in Contracts

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Rate Loan at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall suspend the availability of the affected Type of Advance and require any LIBOR Rate Advance of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Rate Advance are not available, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance made after the date of any such determination. If the Borrower is required to so repay a LIBOR Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Fixed Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall suspend the availability of the affected Type of Advance and require any LIBOR Fixed Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Fixed Rate Advance Advances are not available, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Fixed Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Fixed Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall suspend the availability of the affected Type of Advance and require any LIBOR Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Rate Advance Advances are not available, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Fixed Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall shall, with written notice to Borrowers, suspend the availability of the affected Type of Advance and require any LIBOR Fixed Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Fixed Rate Advance Advances are not available, the Administrative Agent shall shall, with written notice to Borrowers, suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Fixed Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination. If the Borrower is Borrowers are required to so repay a LIBOR Fixed Rate Advance, the Borrower Borrowers may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Floating Rate.

Availability of Types of Advances. ncbcrex.htm 14534489\V-10 . If any Lender in good faith determines that maintenance of any of its LIBOR Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance and require any LIBOR Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Rate Advance Advances are not available, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 4.1 are inapplicable, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Floating Rate.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance and require any LIBOR Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Rate Advance Advances are not available, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately - 32 - reflect the cost of making a LIBOR Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, such Lender shall promptly notify the Administrative Agent shall thereof and the Administrative Agent shall, with written notice to Borrower, suspend the availability of the affected Type of Advance LIBOR Rate Advances and require any LIBOR Rate Advance of the affected Type Advances to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Rate Advance Advances are not available, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance LIBOR Rate Advances with respect to any LIBOR Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of LIBOR Rate Advance does not accurately reflect the cost of making such a LIBOR Rate Advance of such TypeAdvance, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base RateLIBOR Rate Advances shall be converted to Floating Rate Advances.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Fixed Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall shall, with written notice to Borrowers, suspend the availability of the affected Type of Advance and require any LIBOR Fixed Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Fixed Rate Advance Advances are not available, the Administrative Agent shall shall, with written notice to Borrowers, suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Fixed Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination. If the Borrower is Borrowers are required to so repay a LIBOR Fixed Rate Advance, the Borrower Borrowers may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Floating Rate.. 3.4

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance and require any LIBOR Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Rate Advance Advances are not available, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately - 33 - reflect the cost of making a LIBOR Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Fixed Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall shall, with written notice to Borrowers, suspend the availability of the affected Type of Advance and require any LIBOR Fixed Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Fixed Rate Advance Advances are not available, the Administrative Agent shall shall, with written notice to Borrowers, suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Fixed Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination. If the Borrower is Borrowers are required to so repay a LIBOR Fixed Rate Advance, the Borrower Borrowers may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Rate Loan LIBORSOFR Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance and require any LIBOR Rate Advance LIBORSOFR Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Rate Advance LIBORSOFR Advances are not available, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance LIBORSOFR Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Rate LIBORSOFR Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance LIBORSOFR Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Rate LIBORSOFR Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base RateRate Advance.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Fixed Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall suspend the availability of the affected Type of Advance and require any LIBOR Fixed Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Fixed Rate Advance Advances are not available, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Fixed Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section SECTION 3.1 are inapplicable, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Fixed Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Rate Loan Loans at a suitable LIBOR Lending Installation Office would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance and require any LIBOR Rate Advance Advances of the affected Type to be repaid; or if the Required Requisite Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Rate Advance Advances are not available, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Rate Advance of such Type, then, if for any reason whatsoever the provisions of Section 3.1 3.3 are inapplicable, the Administrative Agent shall shall, with written notice to Borrower, suspend the availability of the affected Type of Advance with respect to any LIBOR Rate Advance Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.

Availability of Types of Advances. If any Lender in good faith determines that maintenance of any of its LIBOR Fixed Rate Loan Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall suspend the availability of the affected Type of Advance and require any LIBOR Fixed Rate Advance Advances of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund a LIBOR Fixed Rate Advance Advances are not available, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination, or (ii) an interest rate applicable to a Type of Advance does not accurately reflect the cost of making a LIBOR Fixed Rate Advance of such Type, then, if for any reason whatsoever -42- the provisions of Section 3.1 are inapplicable, the Administrative Agent shall suspend the availability of the affected Type of Advance with respect to any LIBOR Fixed Rate Advance Advances made after the date of any such determination. If the Borrower is required to so repay a LIBOR Fixed Rate Advance, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.