Additional Foreign Currencies. The Borrowers may from time to time request that Credit Extensions be made in a currency other than those specifically listed in the definition of “Available Foreign Currency”; provided that such requested currency otherwise meets the requirements set forth in such definition. Any such request shall be made to the Administrative Agent (which shall promptly notify each applicable Lender thereof) not later than 12:00 noon ten Business Days prior to the date of the desired Credit Extension. Each such Lender shall notify the Administrative Agent, not later than 12:00 noon seven Business Days after receipt of such request whether it consents, in its sole discretion, to making Loans in such requested currency. Any failure by a Lender to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by such Lender to make Loans in such requested currency. If all the applicable Lenders consent to making Loans in such requested currency, the Administrative Agent shall so notify FSE and such currency shall thereupon be deemed for all purposes to be an Available Foreign Currency hereunder. Upon any applicable Lender’s refusal to make Loans in the additional requested currency, the Borrowers may replace such Lender in accordance with Section 11.16.
Appears in 1 contract
Sources: Credit Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.)
Additional Foreign Currencies. The Borrowers may from time to time request that Credit Extensions Loans be made in a currency other than those specifically listed in the definition of “"Available Foreign Currency”"; provided that such requested currency otherwise meets the requirements set forth in such definition. Any such request shall be made to the Administrative Agent (which shall promptly notify each applicable Lender thereof) not later than 12:00 noon ten Business Days prior to the date of the desired Credit Extension. Each such Lender shall notify the Administrative Agent, not later than 12:00 noon seven Business Days after receipt of such request whether it consents, in its sole discretion, to making Loans in such requested currency. Any failure by a Lender to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by such Lender to make Loans in such requested currency. If all the applicable Lenders consent to making Loans in such requested currency, the Administrative Agent shall so notify FSE FMCH and such currency shall thereupon be deemed for all purposes to be an Available Foreign Currency hereunder. Upon any applicable Lender’s 's refusal to make Loans in the additional requested currency, the Borrowers may replace such Lender in accordance with Section 11.16.
Appears in 1 contract
Sources: Credit Agreement (Fresenius Medical Care Holdings Inc /Ny/)
Additional Foreign Currencies. The Borrowers may from time to time request that Credit Extensions be made in a currency other than those specifically listed in the definition of “Available Foreign Currency”; provided that such requested currency otherwise meets the requirements set forth in such definition. Any such request shall be made to the Administrative Agent (which shall promptly notify each applicable Lender thereof) not later than 12:00 noon ten Business Days prior to the date of the desired Credit Extension. Each such Lender shall notify the Administrative Agent, not later than 12:00 noon seven Business Days after receipt of such request whether it consents, in its sole discretion, to making Loans in such requested currency. Any failure by a Lender to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by such Lender to make Loans in such requested currency. If all the applicable Lenders consent to making Loans in such requested currency, the Administrative Agent shall so notify FSE FMCH and such currency shall thereupon be deemed for all purposes to be an Available Foreign Currency hereunder. Upon any applicable Lender’s refusal to make Loans in the additional requested currency, the Borrowers may replace such Lender in accordance with Section 11.16.
Appears in 1 contract
Sources: Bank Credit Agreement (Fresenius Medical Care AG & Co. KGaA)