Fixed Rate Lending Unlawful Clause Samples
The 'Fixed Rate Lending Unlawful' clause defines what happens if it becomes illegal for a lender to continue providing a loan at a fixed interest rate. In practice, this clause typically allows the lender to either convert the loan to a floating rate, suspend further advances, or require early repayment if maintaining the fixed rate would violate applicable laws or regulations. Its core function is to protect both parties by ensuring the loan remains compliant with the law, while providing a clear process for addressing changes in legal circumstances that affect fixed rate lending.
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on the Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan of a certain type, the obligations of all Lenders to make, continue, maintain or convert any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all LIBO Rate Loans of such type shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Fixed Rate Lending Unlawful. If as the result of any Regulatory Change any Bank (the "AFFECTED BANK") shall determine (which determination shall, in the absence of manifest error, be conclusive and binding on the Borrower) that it is unlawful for the Affected Bank to make, continue or maintain a Loan as, or to convert a Loan into, one or more Fixed Rate Loans of a certain type, the obligation of the Affected Bank under Section 4.1 to make, continue or maintain any portion of the principal amount of a Loan as, or to convert such Loan into, one or more Fixed Rate Loans of such type shall, upon such determination (and telephonic notice thereof confirmed in writing to the Agent and the Borrower), forthwith terminate, and the Agent shall, by telephonic notice confirmed in writing to the Borrower and each Bank, declare that such obligation has so terminated, and any portion of the principal amount of a Loan then maintained as one or more Fixed Rate Loans of such type by the Affected Bank shall automatically convert into a Base Rate Loan. If circumstances subsequently change so that the Affected Bank shall determine that it is no longer so affected, the obligation of the Affected Bank under Section 4.1 to make or continue Loans as, or to convert Loans into, Fixed Rate Loans shall, upon such determination (and telephonic notice thereof confirmed in writing to the Agent and the Borrower), forthwith be reinstated, and the Agent shall, by notice to the Borrower and each Bank, declare that such obligation has been so reinstated.
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on the Borrower if made in good faith) that the introduction of or any change in or in the interpretation of any law or regulation makes it unlawful for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBOR Loan, the obligations of such Lender to make, continue, maintain or convert any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and LIBOR Loans of such Lender shall automatically convert into Prime Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or regulation.
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on the Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan of a certain type, the obligations of all Lenders to make, continue, maintain or convert any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Canadian Administrative Agent that the circumstances causing such suspension no longer exist, and all LIBO Rate Loans of such type shall automatically convert into Canadian Prime Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Fixed Rate Lending Unlawful. If any Bank shall determine that the introduction of or any change in or in the interpretation of any law after the Effective Date makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Bank to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan, the obligations of such Bank to make, continue, maintain or convert any such Loans shall, upon such determination, forthwith be suspended until such Bank shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all such Bank's LIBO Rate Loans shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Fixed Rate Lending Unlawful. 28 4.3. Deposits Unavailable.................................................................................... 28 4.4. Increased Fixed Rate Loan Costs, etc.................................................................... 28 4.5. FDIC Assessment Cost.................................................................................... 29 4.6.
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on the Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Rate Loan (or a Competitive Bid Loan based on the LIBO Rate Bid Margin), the obligations of all Lenders to make, continue, maintain or convert any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Agent that the circumstances causing such suspension no longer exist, and (a) all LIBO Rate Loans (and Competitive Bid Loans based on the LIBO Rate Bid Margin) denominated in Dollars shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion; and (b) all LIBO Rate Loans denominated in any Alternate Currency shall automatically become due and payable at the end of the then current Interest Periods with respect thereto or sooner, if required by applicable law.
Fixed Rate Lending Unlawful. SECTION 4.2. Deposits Unavailable
Fixed Rate Lending Unlawful. If the Lender (for purposes of this Section 5(g) the term "Lender" shall include Lender and any corporation or bank controlling Lender) shall determine (which determination shall, upon notice thereof to Borrower, be conclusive and binding on Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for the Lender to make, continue or maintain the Loans or any portion thereof as a LIBO Rate Loan, the obligations of the Lender to make, continue, maintain or convert the Loans or any portion thereof as or into LIBO Rate Loans shall, upon such determination, forthwith be suspended until the Lender shall notify Borrower that the circumstances causing such suspension no longer exist, and all LIBO Rate Loans shall automatically convert into Alternate Base
Fixed Rate Lending Unlawful. 37 4.3 Deposits Unavailable. . . . . . . . . . . . . . . . . . . . 38 4.4 Capital Adequacy; Increased Costs, etc. . . . . . . . . . . 38 4.5