Common use of Unavailability of a currency Clause in Contracts

Unavailability of a currency. If (i) a Lender notifies the Agent that the Base Currency requested in a Selection Notice is not readily available to it in the amount required, or (ii) a Lender notifies the Agent that to make an advance in the Base Currency would contravene a law or regulation applicable to it, then the Agent will promptly give notice to the Borrower to that effect. In this event any Lender that gives notice pursuant to this Clause 6.2 will be required to participate in the applicable Loan during the relevant Interest Period in the Optional Currency (in an amount equal to that Lender’s applicable portion of such Loan) and its participation will be treated as a separate Loan denominated in the Optional Currency during that Interest Period.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Facility Agreement (Gulfmark Offshore Inc)

Unavailability of a currency. If (i) a Lender notifies the Agent that the Base Optional Currency requested in a Selection Notice is not readily available to it in the amount required, or (ii) a Lender notifies the Agent that to make an advance in the Base that Optional Currency would contravene a law or regulation applicable to it, then the Agent will promptly give notice to the Borrower to that effect. In this event any Lender that gives notice pursuant to this Clause 6.2 6.1 will be required to participate in the applicable Loan during the relevant Interest Period in the Optional Base Currency (in an amount equal to that Lender’s applicable portion proportion of such Loanthe Base Currency Amount) and its participation will be treated as a separate Loan denominated in the Optional Base Currency during that Interest Period.

Appears in 1 contract

Sources: Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc)

Unavailability of a currency. If (i) a Lender notifies the Agent that the Base Optional Currency requested in a Selection Notice is not readily available to it in the amount required, or (ii) a Lender notifies the Agent that to make an advance in the Base that Optional Currency would contravene a law or regulation applicable to it, then the Agent will promptly give notice to the Borrower to that effect. In this event any Lender that gives notice pursuant to this Clause 6.2 6.1 will be required to participate in the applicable Loan during the relevant Interest Period in the Optional Base Currency (in an amount equal to that Lender’s applicable portion 's proportion of such Loanthe Base Currency Amount) and its participation will be treated as a separate Loan denominated in the Optional Base Currency during that Interest Period.

Appears in 1 contract

Sources: Multi Currency Revolving Credit Facility Agreement (Gulfmark Offshore Inc)