Common use of Unavailability of a currency Clause in Contracts

Unavailability of a currency. If before the Specified Time on any Quotation Day: (a) the Facility Agent has received notice from a Lender that it is impracticable for that Lender to fund its participation in the relevant Advance in the proposed Optional Currency during its Interest Period in the ordinary course of business in the European Interbank Market; or (b) a Lender notifies the Facility Agent that compliance with its obligation to participate in an Advance in the proposed Optional Currency (other than dollars) would contravene a law or regulation applicable to it, the Facility Agent will give notice to the relevant Borrower to that effect by the Specified Time on that day. In this event, any Lender that gives notice pursuant to this Clause 6.2 will be required to participate in the Advance in the Base Currency (in an amount equal to that Lender’s proportion of the Base Currency Amount or, in respect of a Rollover Advance, an amount equal to that Lender’s proportion of the Base Currency Amount of the maturing Advance that is due to be repaid) and its participation will be treated as a separate Advance denominated in the Base Currency during that Interest Period.

Appears in 3 contracts

Sources: Syndicated Revolving Credit Agreement (Ibasis Inc), Syndicated Revolving Credit Agreement (Koninklijke KPN N V), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)

Unavailability of a currency. If before the Specified Time on any Quotation Day: (a) the Facility Agent has received notice from a Lender that it is impracticable for that Lender to fund its participation in the relevant Advance in the proposed Optional Currency during its Interest Period in the ordinary course of business in the European Interbank Market; or (b) a Lender notifies the Facility Agent that compliance with its obligation to participate in an Advance in the proposed Optional Currency (other than dollars) would contravene a law or regulation applicable to it, the Facility Agent will give notice to the relevant Borrower to that effect by the Specified Time on that day. In this event, any Lender that gives notice pursuant to this Clause 6.2 will be required to participate in the Advance in the Base Currency (in an amount equal to that Lender’s 's proportion of the Base Currency Amount or, in respect of a Rollover Advance, an amount equal to that Lender’s 's proportion of the Base Currency Amount of the maturing Advance that is due to be repaid) and its participation will be treated as a separate Advance denominated in the Base Currency during that Interest Period.

Appears in 1 contract

Sources: Syndicated Revolving Credit Agreement (Koninklijke KPN N V)

Unavailability of a currency. If before the Specified Time on any Quotation Day: (a) a Revolving Facility Lender or an Incremental Facility Lender, as applicable, notifies the Facility Agent has received notice from a Lender that the Optional Currency requested is not readily available to it is impracticable for that Lender to fund its participation in the relevant Advance in amount and for the proposed Optional Currency during its Interest Period in the ordinary course of business in the European Interbank Marketperiod required; or (b) a Revolving Facility Lender or an Incremental Facility Lender, as applicable, notifies the Facility Agent that compliance with its obligation to participate in an Advance a Loan in the proposed Optional Currency (other than dollars) would contravene a law or regulation applicable to it, the Facility Agent will give notice to the relevant Borrower or the Company to that effect by the Specified Time on that day. In this event, any Lender that gives notice pursuant to this Clause 6.2 ‎‎6.2 will be required to participate in the Advance Loan in the Base Currency (in an amount equal to that Lender’s proportion of the Base Currency Amount Amount, or, in respect of a Rollover AdvanceLoan, an amount equal to that LenderL▇▇▇▇▇’s proportion of the Base Currency Amount of the maturing Advance Rollover Loan that is due to be repaidmade) and its participation will be treated as a separate Advance Loan denominated in the Base Currency during that Interest Period.

Appears in 1 contract

Sources: Senior Facilities Agreement (Inspired Entertainment, Inc.)