Common use of Deposits Unavailable Clause in Contracts

Deposits Unavailable. If the Agent shall have determined that: (a) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it in the relevant market; or (b) by reason of circumstances affecting its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBOR Loans; then, upon notice from the Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.1 to make or continue any Loans as, or to convert any Loans into, LIBOR Loans shall forthwith be suspended until the Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 3 contracts

Sources: Credit Agreement (Parametric Sound Corp), Credit Agreement (Resource America Inc), Credit Agreement (LEAF Equipment Leasing Income Fund III, L.P.)

Deposits Unavailable. If the Agent shall have determined that: (a) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it in the relevant market; or (b) by reason of circumstances affecting its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBOR Loans; then, upon notice from the Agent to the Borrower Representative and the Lenders, the obligations of all Lenders under Section 2.1 to make or continue any Loans as, or to convert any Loans into, LIBOR Loans shall forthwith be suspended until the Agent shall notify the Borrower Representative and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 3 contracts

Sources: Credit Agreement, Credit Agreement (Parametric Sound Corp), Credit Agreement (Parametric Sound Corp)

Deposits Unavailable. If the Agent shall have determined that: (a) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it the Agent or any Lender in the its relevant market; or (b) by reason of circumstances affecting its the Agent's or any Lender's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBOR LIBO Rate Loans; , then, upon notice from the Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.1 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBOR LIBO Rate Loans shall forthwith be suspended (at the end of the applicable Interest Period, in the case of outstanding LIBO Rate Loans) until the Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 2 contracts

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

Deposits Unavailable. If the Agent shall have determined that: (a) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it the Reference Lender in the their relevant market; or (b) by reason of circumstances affecting its the Reference Lender’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBOR LIBO Rate Loans; , then, upon notice from the Agent to the Borrower and the Lenders, the obligations of all Lenders under clause (b) of Section 2.1 to make or continue any Loans as, or to convert any Loans into, LIBOR LIBO Rate Loans shall forthwith be suspended until the Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Sources: 364 Day Credit Agreement (McCormick & Co Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that: that (ai) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it in the its relevant market; or market or (bii) by reason of circumstances affecting its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBOR LIBO Rate Loans; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.1 2.3 and Section 2.5 to make or continue any Loans as, or to convert any Loans into, LIBOR 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 (Hecla Mining Co/De/)

Deposits Unavailable. If the Agent shall have determined that: (a) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it the Agent in the its relevant market; or (b) by reason of circumstances affecting its the Agent’s relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBOR LIBO Rate Loans; , then, upon notice from the Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.1 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBOR LIBO Rate Loans shall forthwith be suspended until the Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Sources: Revolving Credit Agreement (Royster-Clark Inc)

Deposits Unavailable. If the Agent shall have determined that: (a) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it in the relevant market; or (b) by reason of circumstances affecting its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBOR Loans; then, upon notice from the Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.1 to make or continue any Loans as, or to convert any Loans into, LIBOR Loans shall forthwith be suspended until the 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 (Resource America Inc)

Deposits Unavailable. If the Agent shall have determined that: that -------------------- (a) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it the Lenders in the their relevant marketmarkets; or or (b) by reason of circumstances affecting its BMO's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBOR LIBO Rate Loans; , then, upon notice from the Agent to the Borrower and the Lenders, the obligations of all Lenders under Section 2.1 2.3 and Section 2.4 to make or continue any Loans as, ----------- ----------- or to convert any Loans into, LIBOR LIBO Rate Loans shall forthwith be suspended until the Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Sources: Credit Agreement (Markwest Hydrocarbon Inc)

Deposits Unavailable. If the Administrative Agent shall have determined that: that (a) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it in the its relevant market; or or (b) by reason of circumstances affecting its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBOR LIBO Rate Loans; then, upon notice from the Administrative Agent to the Borrower Borrowers and the Lenders, the obligations of all Lenders under Section 2.1 2.3 to make or continue any Loans as, or to convert any Loans into, LIBOR 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: First Lien Credit Agreement (Milagro Oil & Gas, Inc.)