Common use of Borrower’s Options Clause in Contracts

Borrower’s Options. Principal amounts outstanding under the Facility shall bear interest at the following rates, at Borrower’s selection, subject to the conditions and limitations provided for in this Agreement: (i) Adjusted Base Rate, (ii) Adjusted Floating LIBOR Rate or (iii) Adjusted Fixed LIBOR Rate; provided, however, that (A) notwithstanding anything to the contrary contained herein or in any Credit Document, Floating LIBOR Rate Loans shall be available to the Borrower hereunder only to the extent that each Lender that is a party hereto is able, pursuant to all applicable Legal Requirements, all other applicable laws, codes and/or regulations and all applicable internal practices and policies of such Lender, to provide such Floating LIBOR Rate Loans on the terms and conditions set forth herein and (B) if any Lender hereunder shall deliver to the Administrative Agent and Borrower a notice that it is not able lo provide Floating LIBOR Rate Loans on the terms and conditions set forth herein, the Borrower’s ability to request and receive Floating LIBOR Rate Loans hereunder shall be immediately converted to Base Rate Loans and Floating LIBOR Rate Loans shall not be available hereunder until such lime as all Lenders hereunder can again provide such Floating LIBOR Rate Loans.

Appears in 1 contract

Sources: Credit Agreement (Inland Real Estate Corp)

Borrower’s Options. Principal amounts outstanding under the Facility shall bear interest at the following rates, at Borrower’s selection, subject to the conditions and limitations provided for in this Agreement: (i) Adjusted Base Rate, (ii) Adjusted Floating LIBOR Rate or (iii) Adjusted Fixed LIBOR Rate; provided, however, that (A) notwithstanding anything to the contrary contained herein or in any Credit Document, Floating LIBOR Rate Loans shall be available to the Borrower hereunder only to the extent that each Lender that is a party hereto is able, pursuant to all applicable Legal Requirements, all other applicable laws, codes and/or regulations and all applicable internal practices and policies of such Lender, to provide such Floating LIBOR Rate Loans on the terms and conditions set forth herein and (B) if any Lender hereunder shall deliver to the Administrative Agent and Borrower a notice that it is not able lo to provide Floating LIBOR Rate Loans on the terms and conditions set forth herein, the Borrower’s ability to request and receive Floating LIBOR Rate Loans hereunder shall be immediately converted to Base Rate Loans and Floating LIBOR Rate Loans shall not be available hereunder until such lime time as all Lenders hereunder can again provide such Floating LIBOR Rate Loans.

Appears in 1 contract

Sources: Credit Agreement (Inland Real Estate Corp)