Common use of Unavailability of a currency Clause in Contracts

Unavailability of a currency. If before the Specified Time on any Quotation Day: (a) a Bank notifies the Agent that the Optional Currency requested is not readily available to it in the amount required; or (b) a Bank notifies the Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Agent will give notice to the relevant Borrower to that effect by the Specified Time on that day. In this event, any Bank that gives notice pursuant to this Clause 6.3 will be required to participate in the Loan in the Base Currency (in an amount equal to that Bank’s proportion of the Base Currency Amount or, in respect of a Rollover Loan, an amount equal to that Bank’s proportion of the Base Currency Amount of the maturing Loan that is due to be repaid) and its participation will be treated as a separate Loan denominated in the Base Currency during that Interest Period. Back to Contents

Unavailability of a currency. If before the Specified Time on any Quotation Day: (a) a Bank notifies the Agent that the Optional Currency requested is not readily available to it in the amount required; or (b) a Bank notifies the Agent that compliance with its obligation to participate in a Loan in the proposed Optional Currency would contravene a law or regulation applicable to it, the Agent will give notice to the relevant Borrower to that effect by the Specified Time on that day. In this event, any Bank that gives notice pursuant to this Clause 6.3 will be required to participate in the Loan in the Base Currency (in an amount equal to that Bank’s 's proportion of the Base Currency Amount or, in respect of a Rollover Loan, an amount equal to that Bank’s 's proportion of the Base Currency Amount of the maturing Loan that is due to be repaid) and its participation will be treated as a separate Loan denominated in the Base Currency during that Interest Period. Back to Contents.

Unavailability of a currency. If before the Specified Time on any Quotation DayTime: (a) a Bank notifies the Agent that the Optional Currency requested is not readily available to it in the amount required; or (b) a Bank notifies the Agent that compliance with its obligation to participate in a Loan Guarantee in the proposed Optional Currency would contravene a law or regulation applicable to it, the Agent will give notice to the relevant Borrower to that effect by the Specified Time on that day. In this event, any Bank that gives notice pursuant to this Clause 6.3 7.2 will be required to participate in the Loan Guarantee in the Base Currency (in an amount equal to that Bank’s proportion of the Base Currency Amount or, in respect of a Rollover Loan, Renewal Request an amount equal to that Bank’s proportion of the Base Currency Amount of the maturing Loan Guarantee that is due to be repaidmade) and its participation will be treated as a separate Loan Guarantee denominated in the Base Currency during that Interest Guarantee Period. Back to Contents.