Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (ii) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 6 contracts
Sources: Credit Agreement (Charles River Laboratories International Inc), Credit Agreement (Charles River Laboratories Holdings Inc), Credit Agreement (Charles River Laboratories Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section Sections 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 6 contracts
Sources: Credit Agreement (Duane Reade Inc), Credit Agreement (Dri I Inc), Credit Agreement (Dri I Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's it’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 5 contracts
Sources: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 5 contracts
Sources: Revolving Credit Agreement (Royster-Clark Nitrogen Realty LLC), Credit Agreement (Aladdin Gaming Enterprises Inc), Credit Agreement (Bargo Energy Co)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Term Loan Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Term Loan Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 4 contracts
Sources: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Transportation Co Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agentit's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 4 contracts
Sources: Credit Agreement (Stillwater Mining Co /De/), Credit Agreement (Ust Inc), Credit Agreement (Hecla Mining Co/De/)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section Sections 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 4 contracts
Sources: Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Southern Bottled Water Co Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) U.S. Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's ’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 4 contracts
Sources: Amendment Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 4 contracts
Sources: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Sabre Industries, Inc.), Credit Agreement (WRC Media Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that:
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 2.7 and Section 2.4 2.9 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 3 contracts
Sources: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp)
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, ; or (iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 3 contracts
Sources: First Lien Credit Agreement (Standard Register Co), Second Lien Credit Agreement (Standard Register Co), Term Loan Credit Agreement (Standard Register Co)
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, ; or (iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 3 contracts
Sources: First Lien Credit Agreement (Energy Xxi (Bermuda) LTD), First Lien Credit Agreement (Energy Xxi (Bermuda) LTD), First Lien Credit Agreement (Energy XXI Texas, LP)
Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (ii) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Term Loans as, or to convert any Term Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 3 contracts
Sources: Term Loan Agreement (Pci Carolina Inc), Term Loan Agreement (WHX Corp), Term Loan Agreement (Pioneer East Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, ; or (iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD), Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) U.S. Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, -61- then, upon notice from the Administrative Agent to the Borrower WWI and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower WWI and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 2 contracts
Sources: Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice by telephone or facsimile from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 2 contracts
Sources: Credit Agreement (Champion Enterprises Inc), Credit Agreement (Champion Enterprises Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the U.S. Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the U.S. Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 2 contracts
Sources: Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) with respect to any proposed LIBO Rate Loan, Dollar deposits in the relevant amount and for the relevant Interest Period are not available to in the Administrative Agent in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 2 contracts
Sources: Credit Agreement (Prosource Inc), Secured Credit Agreement (Prosource Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 2 contracts
Sources: Credit Agreement (Graphic Packaging Corp), Bridge Credit Agreement (Ust Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) U.S. Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower WWI and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower WWI and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 2 contracts
Sources: Amendment No. 4 (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that:
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 Sections 2.01, 2.03 and Section 2.4 2.04 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 2 contracts
Sources: Credit Agreement (Brookfield Infrastructure Partners L.P.), Credit Agreement (Brookfield Infrastructure Partners L.P.)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agentit's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 2 contracts
Sources: Credit Agreement (Von Hoffmann Holdings Inc), Credit Agreement (United Surgical Partners Holdings Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant the Eurodollar market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's relevant Eurodollar market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (Pasta Group L L C)
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (iib) by reason of circumstances affecting the Administrative Agent's ’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 2.2 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that:
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 SECTION 2.7 and Section 2.4 SECTION 2.9 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.3 2.2 and Section 2.4 2.3 to make or continue any Second-Lien Loans as, or to convert any Second-Lien Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that:
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agentit's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (Titan Corp)
Deposits Unavailable. If the Administrative Agent shall have determined that that:
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agentit's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (Titan Corp)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (World Almanac Education Group Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent Lenders in its their relevant market, markets; or (iib) by reason of circumstances affecting the Administrative AgentBofA's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall -------------------- have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or ----------- ----------- to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (Advanstar Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that:
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.3 Sections 2.01, 2.03 and Section 2.4 2.04 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (Brookfield Infrastructure Partners L.P.)
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's ’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower Greektown Holdings and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Greektown Holdings and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Senior Secured Debtor in Possession Credit Agreement (New Greektown Holdco LLC)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agentit's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower Borrowers and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or or
(iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any LIBO Rate Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (Tele Communications International Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTIONS 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (Duane Reade Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, market or (ii) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the applicable Lenders, the obligations of all such Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the applicable Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) U.S. Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's ’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower WWI and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower WWI and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Amendment No. 5 (Weight Watchers International Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (ii) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Term Loans as, or to convert any Term Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Term Loan Agreement (Wheeling Pittsburgh Corp /De/)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (Keebler Foods Co)
Deposits Unavailable. If the Administrative Agent shall have determined that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or (ii) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Credit Agreement (Wilson Greatbatch Technologies Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that:
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice by telephone or facsimile from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 2.6 and Section 2.4 2.7 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Debtor in Possession Credit Agreement (Champion Enterprises Inc)
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ;() then, upon notice from the Administrative Agent to the U.S. Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the U.S. Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's ’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Sources: Senior Secured Superpriority Debtor in Possession Credit Agreement
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the U.S. Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the U.S. Borrower and the Lenders that the circumstances causing such suspension no longer exist.. $$/BREAK/$$END
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agent's it’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 2.2 and Section 2.4 2.3 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agentit's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Term Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Term Loans as, or to convert any Term Loans into, LIBO Rate Term Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent Lenders in its their relevant market, markets; or (iib) by reason of circumstances affecting the Administrative Agent's BofA’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have -------------------- determined that that
(ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent it in its relevant market, or ; or
(iib) by reason of circumstances affecting the Administrative Agentit's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, ; then, upon notice from the Administrative Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.3 and Section 2.4 to make or ----------- ----------- continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.
Appears in 1 contract
Deposits Unavailable. If the Administrative Agent shall have determined that (ia) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to the Administrative Agent in its the relevant market, ; or (iib) by reason of circumstances affecting the Administrative Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrower and the Lenders, (x) the obligations of all Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans of such type shall forthwith be suspended until the Administrative Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist, and (y) all LIBO Rate Loans shall automatically convert into Base Rate Loans at the end of the then-current Interest Periods with respect thereto.
Appears in 1 contract