Common use of Illegality; Increased Costs; Deposits Not Available Clause in Contracts

Illegality; Increased Costs; Deposits Not Available. If at any time the Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply has been made impracticable or unlawful by compliance by the Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would not adequately and fairly reflect the cost to the Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan to which a Euro-Rate would otherwise apply, are not available to the Bank at the effective cost of funding a proposed Loan in the London interbank market, then the Bank shall have the rights specified in Section 3.4.3.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Champion Industries Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan to which a Euro-Rate would otherwise applyOption applies, respectively, are not available to the such Bank at the effective cost of funding a proposed Loan with respect to such Loan, in the London interbank market, then the Bank Administrative Agent and the Banks shall have the rights specified in Section 3.4.3.

Appears in 1 contract

Sources: Revolving Credit Facility (Arch Coal Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan to which a Euro-Rate would otherwise applyOption applies, respectively, are not available to the such Bank at the effective cost of funding a proposed Loan in the London interbank market, then the Bank Agent shall have the rights specified in Section 3.4.34.4.3.

Appears in 1 contract

Sources: Revolving Credit Facility (Primesource Corp)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan to which a Euro-Rate would otherwise apply, Option applies are not available to the such Bank at the effective cost of funding a proposed with respect to such Loan in the London interbank eurodollar market, then the Bank Agent shall have the rights specified in Section 3.4.33.04(c).

Appears in 1 contract

Sources: Credit Agreement (Ace LTD)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan to which a Euro-Rate would otherwise apply, Option applies are not available to the such Bank at the effective cost of funding a proposed Loan in the London interbank eurodollar market, then the Bank Agent shall have the rights specified in Section 3.4.34.4.3.

Appears in 1 contract

Sources: Revolving Credit Facility (Rainbow Rentals Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good good-faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan to which a Euro-Rate would otherwise apply, Option applies are not available to the such Bank at the effective cost of funding a proposed Loan in the London interbank market, then the Bank Agent shall have the rights specified in Section 3.4.34.4.3.

Appears in 1 contract

Sources: Credit Agreement (Suburban Lodges of America Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan Loan, or to banks generally, to which a Euro-Rate would otherwise applyOption applies, respectively, are not available to the such Bank at the effective cost of funding a proposed Loan with respect to such Loan, or to banks generally, in the London interbank eurodollar market, then the Bank Administrative Agent shall have the rights specified in Section 3.4.3.

Appears in 1 contract

Sources: Credit Agreement (Papa Johns International Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan to which a Euro-Rate would otherwise applyOption applies, respectively, are not available to the such Bank at the effective cost of funding a proposed with respect to such Loan in the London interbank market, then the Bank Agent shall have the rights specified in Section 3.4.3.

Appears in 1 contract

Sources: Credit Agreement (Champion Enterprises Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan Loan, or to banks generally, to which a Euro-Rate would otherwise applyOption applies, respectively, are not available to the such Bank at the effective cost of funding a proposed Loan with respect to such Loan, or to banks generally,, in the London interbank eurodollar market, then the such Bank shall have the rights specified in Section 3.4.3.

Appears in 1 contract

Sources: Revolving Credit Facility (KPMG Consulting Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan to which a Euro-Rate would otherwise apply, Option applies are not available to the such Bank at the effective cost of funding a proposed Loan in the London interbank market, then the Bank Agent shall have the rights specified in Section 3.4.34.4.3.

Appears in 1 contract

Sources: Credit Agreement (Rent Way Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time the any Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate would otherwise apply Option applies has been made impracticable or unlawful by compliance by the such Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate would Option will not adequately and fairly reflect the cost to the such Bank of the establishment or maintenance of any such Term Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Loan Loan, or to banks generally, to which a Euro-Rate would otherwise applyOption applies, respectively, are not available to the such Bank at the effective cost of funding a proposed Loan with respect to such Loan, or to banks generally, in the London interbank eurodollar market, then the Administrative Agent and such Bank shall have the rights specified in Section 3.4.3.

Appears in 1 contract

Sources: Credit Agreement (Big Lots Inc)