Common use of Availability of Types of Advances Clause in Contracts

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) require any Advances of the affected Type to be repaid.

Appears in 13 contracts

Samples: Credit Agreement (Finish Line Inc /In/), Credit Agreement (Finishmaster Inc), Credit Agreement (Gfsi Inc)

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Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and or maturity appropriate to match fund Eurodollar Rate Advances Loans are not available or (y) the interest rate applicable to a Type of Advance Eurodollar Rate Loan does not accurately reflect the cost of making or maintaining such an Advance, then the Administrative Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) ), require any Advances of the affected Type to be repaidrepaid or converted into another Type.

Appears in 12 contracts

Samples: Term Loan Agreement (Chicago Bridge & Iron Co N V), Term Loan Agreement (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V)

Availability of Types of Advances. If (i) any Lender Bank determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation regulation, or directive, whether or not having the force of law, or (ii) if the Required Lenders Banks determine that (xi) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances Loans are not available or (yii) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) and require any Advances Eurodollar Loans of the affected Type to be repaid.

Appears in 8 contracts

Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation regulation, or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (xa) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (yb) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Administrative Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) ), require any affected Eurodollar Advances of the affected Type to be repaidrepaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Appears in 8 contracts

Samples: Credit Agreement (Vectren Corp), Credit Agreement (Vectren Corp), Credit Agreement (Vectren Corp)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Administrative Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) require any Advances of the affected Type to be repaid.

Appears in 5 contracts

Samples: Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Kansas City Power & Light Co), Term Credit Agreement (Ball Corp)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation regulation, or directive, whether or not having the force of law, or (ii) if the Required Lenders determine that (xi) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (yii) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) and require any Eurodollar Advances of the affected Type to be repaid.

Appears in 3 contracts

Samples: Credit Agreement (Kansas City Power & Light Co), Assignment Agreement (Hutchinson Technology Inc), Credit Agreement (Venture Service Co)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (xa) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (yb) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Administrative Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) ), require any affected Eurodollar Advances of the affected Type to be repaidrepaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Appears in 2 contracts

Samples: Credit Agreement (Vectren Corp), Credit Agreement (Vectren Corp)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation regulation, or directive, whether or not having the force of law, or (ii) if the Required Lenders (or in the case of any Competitive Bid Loan, the Lender making such Loan) determine that (xi) deposits of a type and maturity appropriate to match fund Eurodollar Fixed Rate Advances are not available or (yii) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) and require any Fixed Rate Advances of the affected Type to be repaid.

Appears in 2 contracts

Samples: Assignment Agreement (Firstar Corp /Wi/), Credit Agreement (Firstar Corp /Wi/)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) require any Advances of the affected Type to be repaid.

Appears in 2 contracts

Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp)

Availability of Types of Advances. If (ia) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation regulation, or directive, whether or not having the force of law, or (iib) the Required Lenders determine that (xi) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available available, or (yii) the interest rate applicable to a Type of Eurodollar Advance does not accurately or fairly reflect the cost of making or maintaining such an Eurodollar Advance, then the Agent shall suspend the availability of the affected Type of Advance anduntil such circumstance no longer exists and require any such Eurodollar Advances to be repaid or converted into a Floating Rate Advance at the option of the Borrower, in the each case of any occurrence set forth in clause (i) require any Advances of the affected Type subject to be repaidSection 3.4.

Appears in 1 contract

Samples: Credit Agreement (Alleghany Corp /De)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Administrative Agent shall suspend the availability of the affected Type of Advance and, in the 56 case of any occurrence set forth in clause (i) require any Advances of the affected Type to be repaid.

Appears in 1 contract

Samples: Credit Agreement (Spartan Stores Inc)

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Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match match-fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) require any Advances of the affected Type to be repaid.

Appears in 1 contract

Samples: Credit Agreement (Archibald Candy Corp)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation regulation, or directive, whether or not having the force of law, or (ii) if the Required Lenders determine that (xi) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances or Fed Funds Advances are not available or (yii) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) and require any Advances of the affected Type to be repaid.repaid or converted to Alternate Base Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4. 1.23

Appears in 1 contract

Samples: Assignment Agreement (Hovnanian Enterprises Inc)

Availability of Types of Advances. If (i) any Lender determines that --------------------------------- maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) require any Advances of the affected Type to be repaid.

Appears in 1 contract

Samples: Credit Agreement (Pacer International Inc)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation regulation, or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (xa) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (yb) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) ), require any affected Eurodollar Advances of the affected Type to be repaidrepaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Appears in 1 contract

Samples: Credit Agreement (Vectren Utility Holdings Inc)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) require any Advances of the affected Type to be repaidrepaid or converted into Advances of another Type.

Appears in 1 contract

Samples: Credit Agreement (American Medserve Corp)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Eurodollar Rate Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Administrative Agent shall suspend the availability of the affected Type of Eurodollar Rate Advance and, in the case of any occurrence set forth in clause (i) require any Advances of the affected Type Eurodollar Rate Advance to be repaid.

Appears in 1 contract

Samples: Credit Agreement (Haynes International Inc)

Availability of Types of Advances. If (i) any Lender reasonably determines that maintenance of its Eurodollar Rate Loans Eurocurrency Advances at a suitable Lending Installation would violate any applicable law, rule, regulation regulation, or directive, whether or not having the force of law, or (ii) if the Required Lenders determine that (xa) deposits of a type and maturity appropriate to match fund Eurodollar Rate Eurocurrency Advances are not available available, or (yb) the interest rate applicable to a Type of Advance does not accurately or fairly reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, and (other than for matters described in the case of any occurrence set forth in clause foregoing clauses (ia) and (b)) require any Eurocurrency Advances of the affected Type to be repaid.

Appears in 1 contract

Samples: Credit Agreement (Scotsman Industries Inc)

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