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

Sources: Credit Agreement (Finish Line Inc /In/), Credit Agreement (Finishmaster Inc), Credit Agreement (Marsh Supermarkets 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 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

Sources: 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 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

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

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

Sources: 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 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

Sources: Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Spartan Stores 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) 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

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

Sources: 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 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

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

Sources: Credit Agreement (Haynes 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 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

Sources: Credit Agreement (Spartan Stores 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

Sources: 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 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

Sources: 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 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

Sources: Credit Agreement (American Medserve Corp)

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

Sources: Credit Agreement (Scotsman Industries Inc)