Common use of Availability of Types of Advances Clause in Contracts

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.3.

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to Advances at the payment end of any funding indemnification amounts required by Section 3.3the then current Interest Period for the affected Eurocurrency Advance.

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency 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 if the Required Lenders reasonably determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Eurodollar Rate Advances are not available or (ii) the interest rate applicable to Eurocurrency Eurodollar Rate Advances does not accurately reflect the cost of making or maintaining Eurocurrency Eurodollar Rate Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Eurodollar Rate Advances and require any affected Eurocurrency Eurodollar Rate Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.34.4.

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, Law or directive, whether or not having the force of lawLaw, or if the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to Advances at the payment end of any funding indemnification amounts required by Section 3.3the then current Interest Period for the affected Eurocurrency Advance.

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency 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 if the Required Lenders reasonably determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Rate Advances are not available or (ii) the interest rate applicable to Eurocurrency Rate Advances does not accurately reflect the cost of making or maintaining Eurocurrency Rate Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Rate Advances and require any affected Eurocurrency Rate Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.34.4.

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that ------------------------------------- maintenance of its Eurocurrency 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 if the Required Lenders determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Eurodollar Rate Advances are not available or (ii) the interest rate applicable to Eurocurrency Eurodollar Rate Advances does not accurately reflect the cost of making or maintaining Eurocurrency Eurodollar Rate Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Eurodollar Rate Advances and require any affected Eurocurrency Eurodollar Rate Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.3.4.4. ------------

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that ------------------------------------- maintenance of its Eurocurrency 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 if the Required Lenders determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Eurodollar Rate Advances are not available or (ii) the interest rate applicable to Eurocurrency Eurodollar Rate Advances does not accurately reflect the cost of making or maintaining Eurocurrency Eurodollar Rate Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Eurodollar Rate Advances and require any affected Eurocurrency Eurodollar Rate Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.3.4.4. ------------ 4.4

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines in good faith that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine in good faith that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.33.5.

Availability of Types of Advances. If any --------------------------------- Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.33.4.

Availability of Types of Advances. 3.2.1 If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.3.

Availability of Types of Advances. If any (x) the Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency 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 if (y) the Required Lenders determine Lender determines that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Agent Lender shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.33.4.

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that --------------------------------- maintenance of its Eurocurrency Eurodollar Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Eurodollar Advances are not available or (ii) the interest rate applicable to Eurocurrency Eurodollar Advances does not accurately reflect the cost of making or maintaining Eurocurrency Eurodollar Advances, then the Agent shall shall, with notice to the Borrower, suspend the availability of Eurocurrency Eurodollar Advances and require any affected Eurocurrency Eurodollar Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.33.4.

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.3.

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate ABR Advances, subject to the payment of any funding indemnification amounts required by Section 3.3.

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency Loans Advances at a suitable Lending Installation would violate any applicable law, rule, regulation, Law or directive, whether or not having the force of lawLaw, or if the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to Advances at the payment end of any funding indemnification amounts required by Section 3.3the then current Interest Period for the affected Eurocurrency Advance.

Availability of Types of Advances. If (x) any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency 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 if (y) the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.33.4.

Availability of Types of Advances. 3.3.1 If any Lender reasonably --------------------------------- determines that maintenance of its Eurocurrency Loans Advances at a suitable Lending Installation would violate any applicable law, rule, regulation, Law or directive, whether or not having the force of lawLaw, -52 or if the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to Advances at the payment end of any funding indemnification amounts required by Section 3.3the then current Interest Period for the affected Eurocurrency Advance.