Revocation of currency. 7.2.1 Notwithstanding any other term of this Agreement, if before the Specified Time on any Quotation Day the Facility Agent receives notice from a Lender that: (a) the Optional Currency requested is not readily available to it in the relevant interbank market in the amount and for the period required; or (b) participating in a Loan in the proposed Optional Currency might contravene any law or regulation applicable to it, the Facility Agent must give notice to the Company to that effect promptly and in any event before the Specified Time on that day. 7.2.2 In this event: (a) that Lender must participate in the Loan in the Base Currency (in an amount equal to that Lender’s proportion of the Base Currency Amount or, in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount of the Rollover Loan that is due to be made); and (b) the share of that Lender in the Loan and any other similarly affected Lender(s) will be treated as a separate Loan denominated in the Base Currency during that Term. 7.2.3 Any part of a Loan treated as a separate Loan under this sub-clause will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time. 7.2.4 A Loan will still be treated as a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this sub-clause.
Appears in 3 contracts
Sources: Multicurrency Revolving Facilities Agreement (PPL Energy Supply LLC), Amendment and Restatement Agreement (PPL Energy Supply LLC), Multicurrency Revolving Facilities Agreement (PPL Energy Supply LLC)
Revocation of currency. 7.2.1 (a) Notwithstanding any other term of this Agreement, if before the Specified Time 9.30 a.m. (London time) on any Quotation Rate Fixing Day the Facility Agent receives notice from a Lender that:
(ai) the Optional Currency requested is not readily available to it in the relevant London interbank market in the amount and for the period required; or
(bii) participating in a Loan in the proposed Optional Currency might contravene any law or regulation applicable to it, the Facility Agent must give notice to the Company and the Lenders to that effect promptly and in any event before the Specified Time 11.00 a.m. (London time) on that day.
7.2.2 (b) In this event:
(ai) the Company may, by notice to the Facility Agent received not later than 12 noon (London time) on the Rate Fixing Day, request that the relevant Loan is not made; or
(ii) in the absence of a notice from the Company under paragraph (i):
(A) that Lender must participate in the Loan in the Base Currency (in an amount equal to that Lender’s proportion of the Base Currency Amount or, in respect of a Rollover Loan, an amount equal to that Lender’s proportion of the Base Currency Amount of the Rollover Loan that is due to be made)euros; and
(bB) the share of that Lender in the Loan and any other similarly affected Lender(s) will be treated as a separate Loan denominated in the Base Currency euros during that TermInterest Period.
7.2.3 (c) Any part of a Loan treated as a separate Loan under this sub-clause Subclause will not be taken into account for the purposes of any limit on the number of Loans or currencies outstanding at any one time.
7.2.4 (d) A Loan will still be treated as a Rollover Loan if it is not denominated in the same currency as the maturing Loan by reason only of the operation of this sub-clauseSubclause.
Appears in 1 contract
Sources: Credit Facility (Vivendi Universal)